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Home My WebLink AboutBOA 012019 Agenda PacketSt. Lucie County Board of Adjustment Administration Building Commission Chambers AGENDA January 23, 2019 CALL TO ORDER • Pledge of Allegiance • Roll Call • Announcements AGENDA ITEM #1 — MINUTES — December 19, 2018 • Action Recommended: Approval AGENDA ITEM #2 — Public Comment AGENDA ITEM #3- Petition of Ashley Erickson request for a variance from the minimum building setback requirements of the AR-1 (Agricultural, Residential — 1 du/ac) Zoning District to remedy multiple encroachments in the rear, corner side and front yard setback requirements. • Exhibit #3: Staff Report: Linda Pendarvis • Action Recommended: Denial AGENDA ITEM #4- Petition of Michael Chesanek for a variance from the provisions of Section 7.10.16.F.1, — Setbacks and 7.10.16.Q.1.a.1.(b) & (d), of the St. Lucie County Land Development Code, which provide minimum building setbacks for all recreational vehicle lots existing on or before August 1, 1990, to allow a raised wood deck, accessory to a mobile home, within the required side and rear yards. • Exhibit #4: Staff Report: Kori Benton • Action Recommended: Denial AGENDA ITEM #5- ELECTION OF OFFICERS OTHER BUSINESS • Approval of 2019 meeting schedule Other business at Board members discretion ADJOURN NOTICE: The proceedings of the Board of Adjustment are electronically recorded. PURSUANT TO Section 289.0105, Florida Statutes, if a person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at a meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding. individuals testifying during a hearing will be sworn in. Any party to the proceeding will he granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued from time to time as may be necessary to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772.492.1777 or TDB 772.462-1428 at least forty-eight (48) hours prior to the meeting. Any questions about this agenda may be referred to the St. Lucie County Board of Adjustment at 772-462-2822. Form No. 07-37 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Page 1 of 3 St. Lucie County Board of Adjustment St. Lucie County Administration Building Commission Chambers December 19, 2018 9:30 a.m. A compact disc recording of this meeting, in its entirety, can be obtained from the Planning and Development Services Department along with these minutes. A fee is charged. In the event of a conflict between the written minutes and the compact disc, the compact disc shall control. CALL TO ORDER Chairman Lowe called the meeting to order at 9:30 A.M. ROLL CALL Bob Lowe ............................................. Chair Ron Harris ............................................ Vice Chair Derek Foxx........................................... Board Member Alexander Tommie............................Board Member Michael Jacquin ............................... Board Member OTHERS PRESENT Katherine Barbieri ................................. Assistant County Attorney Linda Pendarvis.................................... Development Review Coordinator Kris McCrain......................................... Associate Planner Mayte Santamaria ............................ Assistant Planning Director Beverly Austin ....................................... Recording Secretary Staff introduced themselves ANNOUNCEMENTS Mr. Lowe stated he spoke with Mr. Hinkle regarding the sewer system in the area. AGENDA ITEM #1 — MINUTES OF July 25, 2018 Vice Chair Harris motioned approval of minutes as written. Mr. Tommie seconded. AGENDA ITEM #2 — Public Comments None AGENDA ITEM #3—Petition of Donald & Linda Hinkle for a variance from the provisions of St. Lucie County Land Development Code Section 7.04.01 (Table 7-10) Lot size & dimensional requirements to allow for the development of a single-family dwelling with pool and pool deck. Staff report by Kris McCrain. Draft BOA Minutes December 19, 2018 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 Page 2 of 3 Kris McCrain, Associate Planner stated Donald and Linda Hinkle are requesting a variance on the subject property located in the Coral Cove Beach Subdivision on North Hutchinson Island, at 246 Bimini Drive. The property abuts a canal along the northern property line. The applicants are requesting a variance to increase the maximum building to lot ratio by 3%, for no more than a total of 33%; and allow a pool and pool deck to encroach into the required 15-foot rear setback by no more than 6 feet, providing a total rear setback of 9 feet for these structures. The current zoning of this property is RS-4 (Residential, Single -Family — 4 du/ac), and has a RU (Residential, Urban) Future Use designation. The Coral Beach Subdivision was platted in 1958 (Plat Book 11, Page 30). The subject .20-acre vacant property is a rectangular shaped lot and is approximately 80' X 110' in size. The lot is conforming with regard to the minimum lot width of seventy-five feet (75'), and a minimum land area of 8,000 square feet, as is required in the present zoning district. The applicants intend to construct a 3,630 square foot two-story residence. Accessory to the dwelling will be a pool and pool deck. The first floor footprint, totaling 2,853 square feet includes the garage, covered front porch, and covered lanai. The second floor of the structure is 777 square feet. The property owner submitted an application for a variance from the provisions of Section 7.04.01 - Lot Size and Dimensional Requirements (Table 7-10) of the St. Lucie County Land Development Code, in order to permit a maximum building to lot ratio of 33%, and to allow a pool and pool deck to encroach into the 15-foot rear setback by no more than 6 feet, for a total rear setback of 9 feet, within the RS-4 (Residential, Single -Family — 4 du/ac) Zoning District. The Environmental Resources Department has performed a cursory environmental review and stated there are no environmental issues regarding the requested variance. Staff recommends denial of the variance as the variance sought does not arise from conditions that are unique and do not qualify as a hardship as defined in the St. Lucie County Land Development Code. Staff has reviewed this petition and determined it does not conform to a strict interpretation of the standards of review as set forth in St. Lucie County's Land Development Code Section 10.01.02. Chair Lowe opened the meeting for discussion and questions of staff There was a discussion about the 4 responses that were all in favor. Mr. Hinkle of 219 Hunt Ave. was sworn in to discuss his reasons for the variance of the development of a single-family dwelling at 246 Bimini Drive. There was discussion regarding the sewer connection for the area. Chair Lowe opened the public hearing None Chair Lowe closed the public hearing Mr. Harris made the motion: After considering the testimony presented during the public hearing, including staff comments and the Standards of Review as set forth in Section 10.01.02 of the St. Lucie County Land Development Code, I hereby move that the Board of Adjustment approve the petition of Donald and Linda Hinkle for a variance from the provisions of Section 7.04.01 (Table 7-10) lot size dimensional requirements, of the land development code to permit the development of a single-family dwelling to exceed the 30% maximum building to lot ratio by 3% for no more than 33%; and allow a pool and pool deck to encroach into the required 15- Draft BOA Minutes December 19, 2018 Page 3 of 3 87 foot rear setback by no more than 6 feet, providing a rear setback of 9 feet for these structures, 88 within the RS-4 (Residential, Single-Family-4 DU/AC) zoning district because it will not reduce 89 the value of the properties and there will be no increase in traffic and there were 4 notices; all 90 in favor. Chief Foxx seconded the motion. 91 92 The roll was called: 93 Chair Lowe Yes 94 Vice Chair Harris Yes 95 Mr. Tommie Yes 96 Chief Foxx Yes 97 Mr. Jacquin Yes 98 99 100 OTHER BUSINESS 101 Mr. Lowe thanked the staff for their service for 2018. Ms. Santamaria stated there will be two items 102 on the agenda for January 23, 2019. 103 104 ADJOURN 105 Having no further business, the meeting was adjourned at 9:45 am. 106 Draft BOA Minutes December 19, 2018 COUNTY 1 uplop o, Planning and Development Services Department MEMORANDUM TO: Board of Adjustment THROUGH: Mayte Santamaria, Assistant Directof;! /, FROM: Linda Pendarvis, Development Review Coordinator DATE: January 4, 2019 �uf YY SUBJECT: Petition of Ashley Erickson request for a variance from the minimum building setback requirements of the AR-1 (Agricultural, Residential — 1 du/ac) Zoning District to remedy multiple encroachments in the rear, corner side and front yard setback requirements. ITEM NO. III PROPERTY OWNER: LOCATION: PARCEL ID: ZONING DISTRICT: FUTURE LAND USE: PROPERTY SIZE: Ashley Erickson 251 N Cardinal Place Fort Pierce, FL 34945 251 N Cardinal Place Fort Pierce, FL 34945 2311-601-0103-000-8 AR-1 (Agricultural, Residential — 1 du/ac) RU (Residential Urban) +/- 0.84 acres PURPOSE: To allow three (3) accessory structures (pole barn, shed and pump house) to encroach a maximum of 13.2 feet into the rear setback, a guest house to encroach 4 feet into the southwest corner side setback and the single family residence to encroach 11.9 feet into the southeast corner side setback and 30.6 feet into the front setback. EXISTING USE: Single -Family Residence UTILITIES: Well and septic system Board of Adjustment Petition: Erickson Variance Page 2 of 7 BACKGROUND The applicant, Ashley Erickson is requesting a variance for multiple structures that are encroaching into the minimum building setback requirements, as noted in the AR-1 (Agricultural, Residential — 1 du/ac) Zoning District for an approximately 0.84-acre property. The purpose of the AR-1 district is to provide and protect an environment suitable forsingle-family dwellings at a maximum density of one (1) dwelling unit per gross acre, together with such other uses as may be necessary for and compatible with very low density rural residential surroundings. Surrounding Land Use and Zoning Location . ,Future; Land Uso` Zoriin . Existin "Land Use Adjacent North RU (Residential Urban AR-1 (Agricultural, Undeveloped Parcels — 5 du/ac) Residential —1 du/ac) South RU (Residential Urban AR-1 (Agricultural, Single Family Residence — 5 du/ac) Residential — 1 du/ac) East RU (Residential Urban AR-1 (Agricultural, Single Family Residence — 5 du/ac) Residential — 1 du/ac) West RU (Residential Urban AR-1 (Agricultural, Single Family Residence — 5 du/ac) Residential — 1 du/ac), RS-4 (Residential, Single -Family —4 du/ac The parcel is improved with a +/- 2,628 square foot residence that was constructed in 1979, according to the Property Appraiser records. Over the years, additional improvements were developed on the property, such as a pool in 2005. A 2014 aerial does not indicate a guest house on the property; however, the structure was present prior to 2017 when the current property owner purchased the property. The records do not clearly indicate when the three accessory structures (pump house, shed and pole barn) were placed on the property. The property owner purchased the property in April 2017 with the existing structures and in June 2017 received a Notice of Violation from Code Enforcement to obtain a permit for enclosing the porch, installing hardi siding and doing electrical work. Ms. Erickson has since applied for after the fact permits but is required to obtain a Variance for the nonconforming structures prior to the permits being issued. In 1979, the zoning district for the subject property was R-1 C — Residential one family dwelling. The single family residence on the subject property was in compliance with the minimum required land area and building setbacks for the R-1C zoning district. 1961 R-1C — One Family 10,000 sq. ft. 25' Front Dwelling 15' Corner Sides 15' Rear In 1984, the property was rezoned to the AR-1 zoning district and was subject to the AR-1 minimum land area and building setbacks. The following table provides the minimum zoning district requirements for structures in the AR-1 zoning district as of the adoption of the current Land Development Code in 1984, with existing site conditions. Please refer to the attached boundary survey. The applicant is requesting a variance for the nonconforming structures that encroach within the required yard setbacks on the south, east and west property lines. Board of Adjustment Petition: Erickson Variance Page 3 of 7 AR-1 Zoning District Yard LDC Minimum Existing Existing Existing Required guest house pole barn/shed/pump Residence Building setbacks house setbacks setbacks Setback Front 50 feet N/A N/A 19.4 feet Rear 30 feet N/A 16.8 feet N/A Side @ Corner 30 feet 26 feet N/A 18.1 feet CRIPPLE CREEK LANE - WEST AVENUE "E" (P) cuoc yr OiNT ROAD 12" CMP FDRC`-, . -H 59'50'45"E 134.91' (C) :a0.9' 75.Cb' (P) ' _. —X— P ^{-X 6.0' DRAINAGE_ I EASEMENT (P) I L- 35.45' i I 39.36', R=25.00' h CHORO2' j II A=90'12'1'12'12" FDRC. I CHB=N 45'D3'09" lY 1 22.68'— Q � � 6.0' DRAINAGE h 27.s' F'� EASEMENT (P) LE <� POBARNi x 1 22.22'-- (DIRT FLOOR)I-STO � i 1�n I`-24.25' - 102` FRAMERSHED $_ i i g,l 12' CMP LOT 21 I LOT 20 .< 8 i ' APPROXIMATE — GATE LOCATION OF SEPTIC {\ 6' WOOD FENCE�� ,:r Imo• iJ 'b�6' I— d ��i.-- `6' W000 FENCE I �I' J y I PUMP NOOSE _ � CONCRbE -i J (} 1 POOL CFCY,A iO 4. LOT 1 9 Z c o a o i I REFRAME SIDE E �_27.4'-- < 1 FRAME T'�•.,.I 4Oh-..19.4'-- I �O a G: z T A `APPROXIMATE? iF I GRAVEL ., CONCRETE I.00A710N OF FDRC _ _ < SEPTIC I 8A' I I GRAVEL WALK 1' DRIVE 75.00' (P I 65.G0' P) „ N 89'5D45" E 135.09' (C) FDRC ..- L=39d8', R-25.00' -' ... CHORD=30.29' ' 0=69'47'48" CHB-N 44'56'51" E FPCE OF DIRT RDAD Excerpt of BOUNDARY SURVEY Board of Adjustment Petition: Erickson Variance Page 4 of 7 STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for a variance from the St. Lucie County Land Development Code, the Board of Adjustment shall consider and make the following determinations: The variance requested arises from conditions that are unique and peculiar to the land, structures, and buildings involved; that the particular physical surroundings, the shape, or topographical condition of the specific property involved would result in unnecessary hardship for the owner, lessee, or occupant, as distinguished from a mere inconvenience, if the Provisions of Chapter 7 are literally enforced; that they are conditions that are not ordinarily found in the same Zoning District, and the conditions are created by the regulations of Chapter 7, of this Code, and not by an action or actions of the property owner or the applicant. The applicant purchased the property in April of 2017 with all of the conditions in place. The subject site consists of a 230' x 160' parcel (+/- 36,800 sq. ft.) that is generally rectangular in form. The applicant has submitted a boundary survey dated 10/9/2018, which reflects the single-family residence, pool, guest house, pole barn, pump house and shed located within the required minimum setbacks. The nonconformity of the single family residence resulted from the adoption of the 1984 Land Development Code (LDC) that rezoned the Jay Gardens Subdivision to AR-1 (Agricultural -Residential -1 du/ac) zoning district which created nonconforming lot size and nonconforming structures within this subdivision. At the time of the adoption of the LDC property owners were notified of the possible nonconformities and were provided the opportunity to rezone their parcel to RS-4 (Residential, Single family — 4 du/ac) with land area and setback requirements similar to the prior zoning district; although, restricting the accessory agricultural uses. Section 7.04.01 of the Land Development Code establishes minimum lot size and minimum building setbacks for structures with the purpose to preserve, improve visibility and uniformity and appearance to a neighborhood. The Jay Garden Subdivision was platted in 1957 with average lot size of 75 X 100. The Jay Garden Subdivision currently consist of variety of lot sizes and structures as well as parcels that are zoned AR-1 (Agricultural, Residential — 1 du/ac), RS-4 (Residential, Single Family — 4 du/ac) and RM-5 (Residential -Multi Family -5 du/ac). The variance does not arise from conditions that are unique and peculiar from the land and physical surroundings that would result in unnecessary hardship for the owner. The lot is not irregularly shaped and is similar in shape and size as the adjacent properties. The variance arises from the desire of the new property owner wanting to memorialize the existing structures to conform to the AR-1 zoning district setbacks. 2. The granting of the variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, create a hazard to air navigation, endanger the public safety, or substantially diminish or impair property values within the neighborhood. The granting of the requested variance is neither expected to harm other property or improvements in the neighborhood, nor is it expected to impair an adequate supply of light or air to adjacent public streets, increase the danger of fire, or endanger the public safety. The existing structures comply with Board of Adjustment Petition: Erickson Variance Page 5 of 7 all other minimum AR-1 yard requirements, building height and lot coverage requirements stated in the Land Development Code. 3. The variance requested is the minimum variance that will make possible the reasonable use of the land, building, or structures. The requested variance is the minimum needed to remedy the setback nonconformities of the existing single family residence, the guest house and three accessory structures (pump house, shed and pole barn) and to remain in the existing location. 4. The variance desired will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. The requested variance is not in conflict with any element of the St. Lucie County Comprehensive Plan. The variance is not entirely in conflict with the purpose and intent of the Land Development Code, which seeks in part to preserve, protect, and improve the public health, safety, comfort good order, appearance, convenience and general welfare. In accordance with LDC Chapter 10 — Hardship Relief Nonconformities that states the purpose of this Section is to regulate and limit the continued existence of uses, lots, signs, and structures established prior to the effective date of this Code that do not conform to the provisions of this Code. Nonconformities may continue, but the provisions of this Section are intended to curtail substantial investment in nonconformities and to bring about their eventual elimination, when appropriate, in order to preserve the integrity of the zoning district. It is noted that the subject property is large enough to relocate these structures to satisfy the minimum required yard setback. The AR-1 zoning district placed on the Jay Gardens Subdivision in 1984 caused the subject property land area and the single family residence to become nonconforming due to the fact that the property consist of less than one acre and the minimum required setbacks are greater than the prior 1984 zoning district. The following Land Development Code section addresses the nonconforming single family residence and notes that the nonconforming structure may remain and allows ordinary repair and maintenance to occur. 10.00.03. - Nonconforming Structures. A. Authority to Continue. A nonconforming structure devoted to a use permitted in the zoning district in which it is located may be continued in accordance with the provisions of this Code. B. Ordinary Repair and Maintenance. Normal maintenance and repair of nonconforming structures may be performed. C. Expansions. Any expansion of a nonconforming structure shall be in conformance with the provisions of this Code. This shall not prevent expansion as long as the nonconformity is not increased. In the event that a structure is nonconforming due to the fact that there is encroachment into a required minimum yard, as defined in Section 7.04.00, expansion of the structure shall be allowed into that minimum yard. However, no such expansion shall be allowed if it results in a greater dimensional nonconformity than that which previously existed. D. Relocation. A nonconforming structure that is moved shall thereafter conform to the regulations of the zoning district in which it is located after such move. Board of Adjustment Petition: Erickson Variance Page 6 of 7 E. Termination Upon Damage or Destruction. 1. Any part of a nonconforming structure that is damaged or destroyed to the extent of fifty percent (509/6) or more of the assessed value of said structure shall not be restored unless that part conforms to the provisions of this Code. 2. If St. Lucie County or a portion thereof is declared a disaster area by the Governor of the State of Florida or the President of the United States, as a result of a hurricane, tornado, flood, or other similar act of God, then the provisions of Section 10.00.03 shall be hereby modified to allow within the declared disaster area the replacement or reconstruction of structures on or in the location of the original foundation, except that the any replacement construction must comply with the applicable provisions of Section 6.05.00 and Section 13.00.00 of this Code, provided, this modification to county regulations to allow the replacement or reconstruction of nonconforming structures shall not effect the application and enforcement of state or federal laws and agency regulations regarding replacement or reconstruction of nonconforming structures. Staff has reviewed this petition and determined that it does not necessarily conform to a strict interpretation of the standards of review as set forth in Section 10.01.02, St. Lucie County Land Development Code. While the variance sought arises from conditions that are not unique and do not qualify as a hardship as defined in the St. Lucie County Land Development Code, the variance is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. The single family residence was constructed prior to the adoption of the current AR-1 zoning district creating a nonconforming structure due to greater setback requirements than the previous R-1 C zoning district. Staff is recommending approval of the requested variance for the single family residence as the encroachment into the front and side yard setbacks is the result of the County's overall zoning district amendment to AR-1 Zoning District for the Jay Gardens Subdivision. Staff is recommending denial of the requested variance for the guest house and three accessory structures (pump house, shed and pole barn) as there are no building permits issued to indicate the date of construction or location within the property. The applicant is requesting the variance to allow for the existing structures to remain and to be permitted to apply for an after the fact permit. Board of Adjustment Petition: Erickson Variance Page 7 of 7 SUGGESTED MOTION TO APPROVE/DENY THIS REQUESTED VARIANCE: MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT APPROVE THE PETITION OF ASHLEY ERICKSON FOR A VARIANCE to allow three (3) accessory structures (pole barn, shed and pump house) to encroach a maximum of 13.2 feet into the rear setback„ a guest house to encroach 4 feet into the southwest corner side setback and the single family residence to encroach 11.9 feet into the southeast corner side setback and 30.6 feet into the front setback BECAUSE....... (CITE REASON WHY - PLEASE BE SPECIFIC) MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT DENY THE PETITION OF ASHLEY ERICKSON FOR A VARIANCE to allow three (3) accessory structures (pole barn, shed and pump house) to encroach a maximum of 13.2 feet into the rear setback„ a guest house to encroach 4 feet into the southwest corner side setback and the single family residence to encroach 11.9 feet into the southeast corner side setback and 30.6 feet into the front setback BECAUSE....... (CITE REASON WHY - PLEASE BE SPECIFIC) ENVIRONMENTAL RESOURCES FINAL REPORT TO: Bethany Grubbs, Planning & Development Services Department THROUGH: Amy E. Griffin, Environmental Resources Director Ben Balcer, Environmental Resources Manager FROM: Aimee Cooper, Environmental Planner DATE: October 1, 2018 SUBJECT: Erickson, Ashley BA-920185372 Background The Environmental Resources Department (ERD) is in receipt of a variance application requesting approval for two (2) encroachments: 1) an 8.9 ft. encroachment into the required rear setback for an existing detached garage located on the northwest part of the parcel; and 2) a four (4) ft. encroachment into the required side -corner setback for an existing guest house located on the southwest part of the parcel. The 0.84-ac residential lot is located just north of Orange Rd. at 251 N. Cardinal Place within Jay Gardens of Ft. Pierce. Findings The proposed variance is not anticipated to result in any adverse environmental impacts. Should any site development activities be proposed in the future, ERD staff will conduct further review through the site plan or building permit review process. Recommendation ERD recommends approval of the proposed variance. ST. LUCIE COUNTY Planning & Development Services Department Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 http://www.stlucieco.org/planning/planning.htm DEVELOPMENT APPLICATION A pre -application conference is recommended prior to main application submittal. Please contact the Planning Division to schedule an appointment. Submittal Type Site Plan [check each that appliesl Rezoning 3 ❑ Major Site Plan ❑ Rezoning (straight rezoning) ❑ Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment ❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment ❑ Minor Adjustment to Minor Site Plan ❑ Minor Adjustment to PUD/PNRD/PMUD Planned Development ❑ Planned Town or Village (PTV) ❑ Planned Country Subdivision (PCS) ❑ Planned Retail Workplace (PRW) ❑ Prelim. Planned Unit Develop. (PUD) ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Final Planned Unit Develop. (PUD) ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Final Planned Non -Res. Develop. (PNRD) Conditional Use' ❑ Conditional Use ❑ Major Adjustment to a Conditional Use ❑ Minor Adjustment to a Conditional Use Variance 2 ❑ /Administrative Variance W Variance ❑ Variance to Coastal Setback Line 1. Conditional Use �'`2.)Variance �'3. Rezoning / Zoning Atlas Amend 4. Comp. Plan Amendments 5. Class A Mobile Home Other ❑ Administrative Relief ❑ Class A Mobile Home 5 ❑ Developer Agreement (Submit per LDC 11.08.03) ❑ Power Generation Plants ❑ Extension to Development Order ❑ Historical Designation/Changes ❑ Land Development Code Text Amendment 7 ❑ Plat ❑ Post Development Order Change ❑ Re -Submittal # 8 ❑ Shoreline Variance ❑ Stewardships — Sending/Receiving ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Transfer of Development Rights ❑ Waiver to LDC/Comp. Plan Requirements' ❑ Appeal of Decision by Administrative Official10 ❑ Eminent Domain Waiver" Application Supplement Packaaes 6. Historical Designation/Change 7. LDC Text Amendment 8. Re- Submittal 9. Waiver to LDC/Comp. Plan Requirements 10. Appeal of Decision by Administrative Official 11. Eminent Domain Waiver Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Page 1 of 6 Revised May 6, 2013 FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division Application Type: Supplemental Applicatioh Package No.: (Please provide separate fee calculation worksheet for each application type) BASE REVIEW FEE: $ (A) ❑ CONCURRENCY FEE: $ (B) _ ❑ ERD REVIEW FEE: $ (C) . ❑ UTILITIES ❑ PER ACREAGE CHARGE: $ (D) ❑ RESUBMITTAL FEE: (if applicable) $ (E) ❑ OTHER $ SUBTOTAL OF BASIC FEES: $ 8so ❑ PRE -APPLICATION MEETING FEE: (F) $( ) deduction Receipt No. of Payment Date of Pre App: BALANCE OF FEES DUE: $ 85 d, 60 SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code ❑ $950.00 —Methodology Meeting (H) (If Applicable) • Additional fees will be due if a 3'" party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3b party. • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures". • Other fees may be applicable by other external reviewing agencies; i.e. Fire District and proof of payment will be required prior to project approval. Pre -Application Meeting Request Page 2 of 6 Revised May 14, 2015 Project Information Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD) 7, W416 / Property location — Section/Township/Range: 75;N Curd&. S Property size — acres: U, Yy Square footage: 3 61 SRO'`( Future Land Use Designation: Zoning District: 5l LJ,'e Description of project: (Attach additional sheets if necessary) APOru✓ed Ll FJ Ucie-ieh0- -10 rooms, 6,,'14 oo P-U/�• A f (-0,1 d 4�'P Wcy +kt hov5e S 1s 0, -Y-e ©rul4. Type of construction (check all applicable boxes): ❑ Commercial Total Square Footage: Existing ❑ Industrial Total Square Footage: Existing Residential No. of residential units: Existing No. of subdivided lots: Existing ❑ Other Please specify: Number and size of out parcels (if applicable): _ Page 4 of 6 Revised May 14, 2015 Proposed: Proposed: Proposed: Proposed: SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information (Property Developer):0" Business Name: f� Name: __S n le, 9ii-If G son Ad/rdress:^^ a 5 1 n/ farrdil—( J/ 1A Il:i__ GI Ia2...rr (Please use an address that can accept overnight packages) Phone:•S17• aL-f L Fax: Agent Information: Business Name: Name: Address: (Please use an address that can accept overnight packages) Phone: Fax: Email: Please note: both applicant and agent will receive all official correspondence on this Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner. �1 1 e . 5. EMI c, TCV% Property Owner Signature / Property Owner Name (Printed) Mailing Address: a 5I N rra � 1 Q� Phone: • a (�'2 . a Lf L( L If more than one owner, please submit additional pages I STATE OF je/i , COUNTY OF /N014ai /1(k--jib The foregoing instrument was acknowledged before me this 10 day of �Ly , 2p %� t by A C -y f;24e-le-%-O ✓ who is personally known to me or who has produced `Idl2f VW-Z S t L` as identification. Zc �—N'7t t2+ ✓a'Fi.Q"�. Signature of N 2— ry Type or Pnnt Name of Notary Commission Number (Seal) ;M �c, TOMAS RUIZ DE LUZURIAGA Nola•y Public - Stale of Florida ;yQCommission # FF 178175 Page 5 of 6 '%„FO.. «q"', My Comm. Expires Nov 19, 2018 3 Revised May 14, 2015 �` _-,�y �_�� _ ( Submittal Requirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. f applications must include the following: Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) ❑ P rial Photograph — property outlined (available from Property Appraiser's office �operty Deed ' ✓,en 4; 12 Legal description, in MS Word format, of subject property *', ,.- ; ❑�operty Tax Map — property outlined (electronic copy not required) L�/ Survey.(24x36) f❑ tJCDs of all documents submitted - with files named according to the Required Naming List. (attached) ❑ Concurrency Deferral Affidavit; or r- ❑ Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: ❑ Site Plan 24"06" at a scale of V=50' (12 copies- folded, not rolled) ❑ Boundary Survey (24x36) — Signed and Sealed (12 originals) ❑ Topographic Survey (2436) — Signed and Sealed (12 originals) ❑ Landscape Plan — Signed and Sealed (12 originals) ❑ Traffic Impact Report (TIR) (4 copies) if: 0 50+ residential units o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) ❑ Environmental Impact Report (4 copies) if:(See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat Inventory for SLC"; o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain; o Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: ❑ Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06) ❑ Updated Traffic Analysis if applicable (4 copies) ❑ Approved Resolution or GM Order Final Plats only require 2 CDs (follow specifications above) & 4 copies of the following: ❑ Main Application and back up material ❑ Approved Site Plan and copy of approved Development Order ❑ Plat - Include extra copies of Plat for applicable conditions of approval Four (4) Original Molars are due following final staff review. *Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it may invalidate the results of any hearing(s). Page 3 of 6 Revised May 14, 2015 ')hc P-v5c Z�jcAV Supplement 2 Variance Application Supplement r-ok l'FUGC4?� Refer to St Lucie County Land Development Code (LDC) Section 10.01.00 for details 1. 1 (we) do hereby petition the St. Lucie County Board of Adjustment for the following Variance from the LDC. (State the variance sought and the section from the LDC from which the variance is requested.) 7 , pLJ. 01 2. What is the purpose of the proposed variance and the intended development of the subject property if the variance is granted: 'The. }t o..e w45 by i I.L „% 1971 ana pA' 4kt roar} laol stjr ey IS no4 post:r,,,,.d en 4)%,e fi"040'� 10.4 corrtcjI.l �o-ladrys tvde. 3. State the specific hardship imposed on the owner by the LDC? 'flit bwnts bovsI 4 41'6 ha rl ,y -2017 u;Ll All df 1w syVr^Sf, Th s i.iio-. ►,t ticke dVr✓lt. 4. State reasons why this hardship is unique to the owner and why other property similarly situated does not suffer from the same hardship, lit h U t V45 bV :) btfor-e At rodtS %J" p-A i% P'"t fk 1 ntvo- „ddr,e,utel JitGw nov. 5. State reasons why this variance will not be injurious to other property and/or improvements in the neighborhood in which the subject property is locat d. ..- 'T6is l�ot 44C �„� er U4 f;'r$4 kao 's b ; h ^ Th;s nsL6vrAoade Z= 4 1n nesCt 6uftd4"('v-i J 7i VtiII Ice P%,a.d vd4 M t./t Sorg. 6. State reasons why this variance will not increase traffic, the danger of fire, or impair property values in the neighborhood in which the subject property is located. �11 rs-6.Or r . 'IBC 60—C 6,1 6,11, 6-e t�„u 1901 . v i u. ej wtrc b�' A - ' L 6a CS nett vOfA lr&epa 4140, v..lwe cl. 7. State why this variance is the minimum variance that will make possible a reasonable use of the land, building and structures. /'1' Page 1 of 3 Revised: February 5, 2013 Lp 17. aO1i 1 Supplement 2 8. Explain how this proposed variance is consistent with the general spirit of the LDC and the St. Lucie County Comprehensive Plan. 445 vari.ntt Wolf pro.,ok 5w-4 I0Aj 4V-' 9. Is this variance request to within a Homeowners or Property Owners Association? YES NO If yes, then letter is required. • For any variance request within area that has a Homeowners or Property Owners Association, a letter from that Association is required stating their position regarding the variance request. 10. Name of Association OJ I ✓i 11. Is there a letter from that association attached? YES N I i" NO • Please attach a diagram of the property showing the dimensions of the lot and all other dimensions necessary to understand this application. • Per LDC Section 10.01.04(A)(7) If the variance is sought to erect or increase the height of any structure, to permit the growth of any tree, or to use property in the Airport Zones established in Section 4.00.00, the application shall be accompanied by a written determination from the Federal Aviation Administration (FAA Form 7460) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. • Except for non-residential accessory structures in AG-1, AG-2.5 and AG-5, if the application is for 100% variance from the road frontage requirements, proof of recorded legal access shall be furnished with the application. • I (we) have reviewed LDC Section 10.01.00, including the questions to be answered by the applicant for a variance and will be prepared to answer these questions at the public hearing. Applicant dr Agent Name (printed) Page 2 of 3 Revised: February 5, 2013 IM, v(proor-1 Supplement 2 Variance Application Supplement roll GUegr wo'S Refer to St Lucie County Land Development Code (LDC) Section 10.01.00 for details 1. 1 (we) do hereby petition the St. Lucie County Board of Adjustment for the following Variance from the LDC. (State the variance sought and the section from the LDC from which the variance is requested.) 7. d N . 6 1 2. What is the purpose of the proposed variance and the intended development of the subject property if the variance is granted:-Tkt by"IdIv is Z(e Gee- iron *14 vopo4x I:,%e Per .)4 rr 0e 4 la,.d 6vrvtr, +hvS a 4 Cvd_� vAr iwnae iJ re. vlsJ ecJ ,3e brio,* �k bv;Id:Y ae tode. 'flee purpose of aie bold:ns is n bedrow,. 3. State the specific hardship im�pposed on the owner by the LDC?Ow,,tr has alread s a} ovv d iZ 469�" .11ws br:.Ji.' �l.t hV;ldi,f ao e4ctt fW wn a61v 4je rod pv P'�I. uoJ %nly wov%d e•rnv lost/ 44 money bad. bedroo-A "r 6t�r o6;Idr.". 'rl.ts wv16 e. a tw4vrn tG461hWJJi:6 p ale jowly Vol. 4. State reasons why this hardship is unique to the owner and why other property similarly situated does not suffer from the same hardship.tJIV^ -Vk proda-d-y wos bv%4.� a ytnr aj4 OIJ-&. VwS nod a wd re A ale 1,41t of pa.. Js .and v veri."W5. awntr is a si,31t "*kv 4 Io o6:Id•a., U blolgsir.l w:4 4 e olden} it., k4 Acr Fora ^J Io aatoP4td frt 4' obrldwn 1.4.1 e6 A cb:I" 4 41-.% ho• c. The ja,..,:ly aced,* 41,1s jedrw.. �o ereo.,..te }lc qo,e 5. State reasons why this variance will not be injurious to other property and/orfar 44e k, ds improvements in the neighborhood in which the subject property is located. -f6 bV'ldln j• has, beer, on +k p000-kl for w iv. b-o- o� years. -Yhe b,,.i d;n, 'i bol+l,d 1 ft&J4(,y ffeK.. "JF 3lt IPf0Id;T w%s (aior:o" One w-vtd hope 4*� vovld h4vc been ,ddwssfd- 6. State reasons why this variance will not increase traffic, the danger of fire, or impair property values in the neighborhood in which the subject property is located.'(he 6v;Id4%5 ;s ., bedruw, U res:dt lr..l tr,po•Lf behind a ka. 7^1' h+s ev1 wa 4:11 '%4 AlmeJ< anfFk� f:r4 or any e4t- ;yi.nir,.,�„1s, '(l,e jv:ld%nJ is a rrey viJl� a iayiirnrn vhrcM U:II Intre.st 44-C feer.1./ V.Ire, 7. State why this variance is the minimum variance that will make possible a reasonable use of the land, building and structures. 'ThC K Qtns4 VSrienct is •.II 4-l.v1 is reiv.,et L Oe:n' Uc by:ld-►j i�lv ta'Al :s„o tar 4V LPL Lob"e'l, wall 0.11tw Ir,r 44Y Page 1 of 3 Revised: February 5, 2013 SEP 12 igf8 Supplement 2 8. Explain how this proposed variance is consistent with the general spirit of the LDC and the St. Lucie County Comprehensive Plan. A?Ae-ov%nSD 4kc a Goo vc%rioncQ �,f!«,q��s ionsrs}c,� �Ct«vJe W.11 e-, .,•e Mkt DvAl�� of L. Ct for 3,-5 Scc �tsr d..� .. �1 Ad d rr,. 9. Is this variance request lopa4v4, within a Homeowners or Property Owners Association? YES NO If yes, then letter is required. • For any variance request with area that has a Homeowners or Property Owners Association, a letter from that Association is required stating their position regarding the variance request. 10. Name of Association NJ A 11. Is there a letter from that association attached? YES' A NO • Please attach a diagram of the property showing the dimensions of the lot and all other dimensions necessary to understand this application. • Per LDC Section 10.01.04(A)(7) If the variance is sought to erect or increase the height of any structure, to permit the growth of any tree, or to use property in the Airport Zones established in Section 4.00.00, the application shall be accompanied by a written determination from the Federal Aviation Administration (FAA Form 7460) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. • Except for non-residential accessory structures in AG-1, AG-2.5 and AG-5, if the application is for 100% variance from the road frontage requirements, proof of recorded legal access shall be furnished with the application. • 1 (we) have reviewed LDC Section 10.01.00, including the questions to be answered by the applicant for a variance and will be prepared to answer these questions at the public hearing. S e 'Cr(C ! o; Applicant br Agent Name (printed) Page 2 of 3 Revised: February 5, 2013 WIN-- /.. wml Rm 5uppl�..ien_t 2/ Variance Application Supplement, Pof, PoLg '6,rru" Refer to St Lucie County Land Development Code (LDC) Section 10.01.00 for details 1. I (we) do hereby petition the St. Lucie County Board of Adjustment for the following Variance from the LDC. (State the variance sought and the section from the LDC from which the variance is requested.) 2. What is the purpose of the proposed variance and the intended development of the subject property if the variance is granted: -(�,.P .c i 5 o l� Caen btiG�C .� -J i � �5 n.d r � t �J I '- 11 .rt y •ram' 11(•[�,/i.-r C{ 'Cvloy- G'" Ci• .. a� U t' vse. i �Y r L'o �f�f'•r d ,� 'hvra cP on s k q aZ 3. State the specific hardship imposed on the owner by the LDC? The �olEs re-oC owe u-e U &A � cmd % Pul So^Z 6r c �J CaJ d d- l,& ,{ 4w,-) a—d ve ra.Le( Lao. -I-Le c%i,/ LFL. a(k Iwe 4. State reasons why this hardship is unique to the owner and why other property kP,e similarly situated does not suffer from the same hardship. 'efk.e. poIe- bares c.,/u5 bv;I -/ bc,Cwe. �r batty 5. State reasons why this variance will not be injurious to other property and/or improvements in the neighborhood in which the subject property is located. r rfvt% 1 lW,) ys �-e!C a/ all tvn i n•GSi�6 5 wZr. A.EI cry S41611 I`v�- ^20% •lu vs, na} ea4 6. State3`reasons (vhy`�6Ii$ variance will not increase traffic, the danger of fire, or impair property values in the neighborhood in which the subject property is located. poll 6Hrn ig in �.� be4cl /rya-d rr,61 Z i�e / wdVI (� rr, n� 4#e. ji�'�a �� "'L U•w,l Vfi . J Lt.o i..� 1C-�,1 %,f s -I Pike 1S S.z CIS 4d-fi-Q i5 'v0 I /S m d ��• 7 W�. 7. State why this variance is the minimum variance that will make possible a reasonable use of the land, building and structures. ^f 44-f- ®ode bA(n is o,Ire. r .' &C'e Ve c, ovl d a c k v ( 4. '7 zw; l- nvL roe. I � . Page 1 of Revised: February 5, 2013 EO/ZO 39Vd AM S 9 890E ZZ:OT 8TOZ/h0/OT Suppl..aent 2 8. Explain how this proposed variance is consistent with the general spirit of the LDC and the St. Lucie County Comprehensive Plan. -fk,- po)e, barn w � 1.1 r`o %,-- .)l e rn'� w. 9. Is this variance request lq;�K within a Homeowners or Property Owners Association? YES If yes, then letter is required. • For any variance request with area that has a Homeowners or Property Owners Association, a letter from that Association is required stating their position regarding the variance request. 10. Name of Association n/ / 4 11. Is there a letter from that association attached? YES nl A NO Please attach a diagram of the property showing the dimensions of the lot and all other dimensions necessary to understand this application. Per LDC Section 10.01.04(A)(7) If the variance is sought to erect or increase the height of any structure, to permit the growth of any tree, or to use property in the Airport Zones established in Section 4.00.00, the applica by a written determination frotion shall be accompanied m the Federal Aviation Administration (FAA Form 7460) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace, Except for non-residential accessory structures in AG-1, AG.2,g and AG-5, if the application is for 100% variance from the road frontage requirements, proof of recorded legal access shall be furnished with the application. I (we) have reviewed LDC Section 10.01.00, including the questions to be answered by the applicant for a variance and will be prepared to answer these questions at the Public hearing. — � 8wx Applicant or gent Name (printed) Page 2 of 3 Revised: February S. 2013 �o Signature E0/E0 39Vd MOVE S 9 890E ZZ:OT 8T0Z/70/0T JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY rILE # 4301744 OR BOOK 3988 PAGE 2691, Recorded 04/26/2017 11:44:16 AM Doc Tax: $1995.00 Prepared by: Tracy Kjos, an employee of Express Title Services of Citrus, Inc., 2704 W. Woodview Lane L.ecanto, Florida 34461 RECORD & RETURN TO: GRANTEE Consideration: $285,000.00 File Number: 17-0063 General Warranty Deed Made this April 18, 2017 A.D. By Thomas Ferguson and Lauren J. Ferguson, husband and wife, 251 N.Cardinal Place, Fort Pierce, Florida 34945, hereinafter called the grantor, to Ashley Erickson, a single woman, whose post office address is: 251 N. Cardinal Place, Fort Pierce FL 34945 ,hereinafter called the grantee: (Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in St. Lucie County, Florida, viz: Lots 18, 19, 20 and 21, Block 6 of JAY GARDENS —FT. PIERCE, according to the Plat thereof as recorded in Plat Book 10, Page(s) 70, of the Public Records of St. Lucie County, Florida. Parcel ID Number: 2311-601-0103.000-8 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in The simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2016. 6R BOOK 3988 PAGE 2692 Prepared by: Tracy Kjos, an employee of Express Title Services of Citrus, Inc., 2704 W. Woodview Lane Lecanto, Florida 34461 RECORD & RETURN TO: GRANTEE Consideration: $285,000.00 File Number, 17-0063 In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and deliveWd in our presence Witness Nl sign: Thomas F use Witness N inted Name Q L'1(( IlQ— Address: 1 N ardinal Place, Fort Pierce, Florida 34945 J Wimesstl2 Sign: r J. Fergus Witness Printed Name a� �` e� Address: 251 N.Cardinal Place, Fort Pierce, Florida 34945 State of AC) (t6(G Countyof ' 3;A ocke r{, The foregoing instrument was acknowledged before me this day of ✓C Vl 2017, by Thomas Ferguson and Lauren L Ferguson, husband and wife, who islare personally known to me or who has produced(] ri 4irs-- i f e l as identification. AFFIX NOTARY SEAL: Note �il.i VEM NFNCY HERRERA Print Neme:Public -Slate of Roridam. Espires Oct $, ?017 My Commission Expires:ission X FF 049374trough Nationy Naary Assn. Y O G: V b0 00 'a CDO O O O O O C/1 Ixp >_ N : N N '.. N M M : M M u m N L Ln m In m Vl m N m lfl m V1 M V1 Cl) VI M = (u c O m 0 0 o O` o 0 O 1n U > cu N N O O O V? V? O E N E v 8 c m o ti Ln Ln v`b0i Ln Ln Ln Z '., W .. N N N N E N W 3 V 04 m a+ O O O CD O O O O O E s c '.. rn M m m m :. m C LL O J Q Z E a+ ELn O O O O Ln Ln Ln J VI C 3 N tD 0 CD 0 CD 0 O CD 0 0 w O . p , E to N N Ln Ln O CD: O a ',, c JO ',, •--I e-I 0 '.. w C v H E E O m : Ln u in'.. cN N M CI' C Q Q Q a a a a w w g F g g w J J W LL : W la1 W LL W Z Z J LL J Ln w acc w w z w z w z o o V) Ln cc cc tm Y E. AR-1 AGRICULTURAL, RESIDENTIAL - 1. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for single- family dwellings at a maximum density of one (1) dwelling unit per gross acre, together with such other uses as may be necessary for and compatible with very low density rural residential surroundings. The number in "( )" following each identified use corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses: a. Family day care homes. (999) b. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) c. Single-family detached dwellings. (999) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Table 1 in Section 7.04.00. 4. Dimensional Regulations. Dimensional requirements shall be in accordance with Table 1 in Section 7.04.00. 5. Off -Street Parking Requirements. Off-street parking requirements shall be in accordance with Section 7.06.00. 6. Conditional Uses: a. Crop services. (072) b. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) c. Industrial wastewater disposal. (999) d. Kennels - completely enclosed. (0752) e. Landscaping and horticultural services. (078) f. Retail: (1) Fruits and vegetables. (543) g. Riding stables. (7999) In. Veterinary services. (074) i. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 7. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Agriculture (farms and ranches accessory to single-family detached dwelling). (01102) b. Animals, subject to the requirements of Section 7.10.03. (999) c. Guest house subject to the requirements of Section 7.10.04. (999) d. Mobile home subject to the requirements of Section 7.10.05. (999) e. Retail and wholesale trade - subordinate to the primary authorized use or activity. f. Solar energy systems, subject to the requirements of Section 7.10.28. 7.10.04. - Guest Homes. In the AG-1, AG-2.5, AG-5, R/C, AR-1, RE-1 and RE-2 zoning districts the Growth Management Director may authorize as an accessory use, the construction of a guesthouse per single-family dwelling, provided that upon receiving a building permit for this use, the property owner sign a notarized statement to the effect that under no circumstances shall the guest house be used for rental purposes seasonal or annual. SCHEDULE OF DISTRICT REGULATIONS 74. -- ST. LUCIE'COUNTY, FLORIDA Resolution adopted September 13, 1961 k. R-1AA to R-IC ONE FAMILY DWELLING These districts are intended. to be single family residential areas, ranging from lot to medium population density and ranging from large lots to lots with somewhat lower minimum requirements for lots & yards. PERMITTED PRINCIPAL USES AND STRUCTURES . One family dwelling. Recreation buildings and facilities, playground, playfields, parks, beaches, owned and operated by Federal, State, County or Municipal governments. Existing cemetery, crematory or mausoleum. Existing railroad right of way, not including switching freight, or storage tracks, yards, buildings, or maintenance structures. Publicly owned. and operated library, art gallery, or museum. NOTE: In R-lAN, lots of lesser size than hereinafter specified lying between Indian, River Drive and Indian River may be utilized for benches, approaches to river, docks and boat houses, the roofs -of which do not extend higher than the adjacent elevation of Indian River Drive. In R-lAA District onl the.owner of a parcel of land containing not — less than* two acres and who resides thereon, may keep not more than -two (2)'horses or two -(2) ponies for his personal or familyuse; provided. they are not placed; kept, or permitted within one hundred fifty (150) feet of any dwelling under separate ownership and not less•than.three hundred (300) feet from the edge of the West right- of�way-of South Indian River•:Drive. PERMITTED ACCESSORY USES AND STRUCTURES Uses accessory to any of the permitted uses when located onhe same lot and not involving conduct of any business, trade, occupy ion, or profession. SPECIAL EXCEPTIONS PF.EpIISSIBLE. BY THE BOARD OF' ADJUSTMENT AFTER PUBLIC HEARING AND SUB- JECT.TO APPROPRIATE CONDITIONS AND SAFEGUARDS. Public utility buildings. Churches, Open accessory parking lots. Educational, recreational, and social centers not operated for profit. and. intended to serve the surrounding neighborhood.. Nursery School or child care center operated by a church on same premises as church when building is located not less than 20 feet from any other lot in an R District provided that there is established, maintained, and used for the cAildren at play in connection therewith. one or more completely, .and securely fenced play lots which. if closer than 50 feet to any property line, shall be screened by -a masonry. wall or compact evergreen hedge not less than 5 feet in height, located not less than 20 feet from any, other lot in an R district.' Mobile home as. accessory use to a permitted private school to protect property against vandals, th-ieves, etc., providing that any grant of.... Special Exception shall set a time limit of not to exceed one (1) year. AMENDED RESOLUTION No. 80-30 (3-25-80) Section 29 75. R-lAA to R-IC ONE FAMILY DWELLING Private schools offering curricula substantially equivalent to public schools of comparable grades and meeting requirements of State Department of Education. Golf course, not including miniature golf course or practice driving tee, providing lot comprises of at least.100 acres or land in one parcel and any accessory parking area, building, or structure is located at least 100 ft. from any other residentially zoned prop- erty. In R-lAA district only for lots abutting Indian River Drive: Guest ouses, prove ing that for any grant of special exception for such purpose the owner shall sign an agreement that such guest house will not be used for rental purposes, and providing such guest house shall have a minimum floor area of 500 sq. ft.. Home occupation. subject to _provisions. of Para 17, Section 7. In the R-IA, R-lB and R-lC Districts, an owner of a parcel of land containing not less than two acres, and who resides thereon, may keep not more than two horses or two ponies or one horse and one pony for his personal or family use; provided they are not stabled or stalled within one hundred fifty (150) feet of any dwelling under separate ownership. The horses or ponies shall not be kept for sale or resale nor for commercial purposes, including breeding, boarding, or veterinary care. The entire area shall be kept in a clean and sanitary condition meeting all requirements of the St. Lucie County Health Department. AMEND RESOLUTION 77-102, adopted 9/6/77. MINIMUM LOT REQUIREMENTS (Area/width) RESIDENTIAL STRUCTURE OR USE - FEW or dots` a —Hutting Indian River Drive, State Road 707: Width: 100 feet Depth: 250 feet. Other lots conform to R-IB district. R-IA - Width: 100 ft. Area; 111000 sq. ft. R-IB - With well & septic tank: Width: 85 ft. Area: 10,000 sq. ft, with either well or septic tank or.with neither: Width: 85 ft. Area: 9,350 sq. ft. R-iC - WSth well & septic tank: Width: 75 ft. Area: 10,000 sq. ft. with either well or septic tank or with neither: Width: 75 ft. ' Area: 8,250 sq. ft. With central water system and central sewage collection & secondary treatment facilities: i Width: 75 ft. Area: 7,500 sq. ft. Permitted Non -Residential Structure or Use: idt : re a: , sq. t. Except that in R-lAA district lots abutting Indian River Drive, State Road 707, shall meet resi- dential requirements. i MAXIMUM LOT COVERAGE BY ALL BUILDINGS: 35% MINIMUM YARD REQUIREMENTS (Depth of front & rear yards, width of side yards) See also Section 10. Resid a tial: Front : 25 ft., except lots in R-lAA district abutting Indian River Drive shall have minimum 50 ft. Side: 10 ft., except that in R-IC district minimum is 71 ft. Rear: 15 ft. Corner lots:, 25 ft. front yard (except minimum for lots in R-lAA district abutting Indian River Drive is 50 ft.) and side .yard 15 ft. Section 29 R-1AA to R-10 ONE FAMILY DWELLING Permitted Non -Residential Structure or Use rout: t. except accessory uildings, Side: 20 ft., with increase in minimum of height of structure in excess of 20 buildings, structures or uses.) Rear: 25 ft. (except accessory buildings, 76. structures, or uses.) 1 ft. for each.2 ft. of ft. (exceptaccessory structures or uses.) Residence: 2 J/2 stories or 35 ft. emitted Eton -Residence: -same, except that with approval of Board of justment maximum eight may be 4 stories or 50 ft. if Board of Adjustment shall find such action will not injure surrounding pro- perty and accords with spirit and purpose of. the. Resolution. AMENDED RESOLUTION.NO. 73-44 4/3/73 MINIMUM FLOOR AREAS (See Definition) R-IAA: 1,900 sq. ft. except lots abutting Indian River Drive have minimum 1,250. sq. ft. R-IA: 1,500 sq. ft. R-lB: 10000 sq. ft. tyR-10: 850 sq. ft" LIMITATIONS ON SIGNS No signs intended to be read from off the pre- mises except: Sea. Section 9 for General Sign Regulations) One non -illuminated wall or ground sign not over 6 sq. ft. in area ad- vertising sale or rental of property upon which sign is located. One non -illuminated wall or ground sign not over 2 sq. ft. in area to. prohibit trespassing, for safety, or for caution. On a lot containing permitted non-residential use, other than an . accessory use, one identification wall sign not over 12 sq. ft. in area and one bulletin sign not over 32 sq. ft. in area, on each side street. Two non -illuminated., subdivision or project, ground signs, each having an area not over 128. sq. ft. on a subdivision while under develop- ment to advertise the sale of lots or. new. houses,. provided such subdivision has an area of at least 3 acres. No animated, roof or projecting type signs permitted. Overall height of any ground sign not to exceed 4 ft. above the ground except that bulletin sign or subdivision sign may extend to maxp maximum . height of 12 ft. above the ground. One temporary construction project ground sign, not to exceed 32 sq. ft. of area, on each street side on which lot abuts, such. sign not to be -closer than 15 ft. to any property line, not to be erected more than 60 days prior to beginning actual construction, and to be removed upon completion of construction. If construction is not begun within 60 days after sign is erected or if construction be not continuously and actively prosecuted to completion, sign shall be removed. Neon -type sign prohibited. Strip lighting prohibited. Section 29 77. , R-IAA to R-IC ONE FAMILY DWELLING ----- PROHIBITED USES: (Amend Resolution No. 77-1295 10/25/77) The raising or keeping of any animal, livestock or fowl except those specifically permitted or those animals generally recognized as household domestic pets. Any business, trade, occupation or profession, except a "home occupation" as provided in Subsection 17 of Section 7. Section 29 0 Gi T1 c X X CD ID y _N, O- C (D A. 0). Cn C to -n CD cn A a C O- N E 0 d n m rn 5�: N 0 00' z ro IN D i . co Q o :3 Q x a CD z o m 0 a) O' D CD N o T1 T 0 C n 0 O o a n ::I y TI B n CD SU CD — -�I Tl v m a o N O C C M Cn a c v z -o n N O co z ST. LUCIE COUNTY BOARD OF ADJUSTMENT PUBLIC HEARING AGENDA January 23, 2019 NOTICE OF PROPOSED VARIANCE REQUEST of Ashley g a Varl- The proceedings of the Board of Adjustment are electroni- cally recorded. PURSUANT TO SECTION 286.0105, FLORIDA STATUTES, if a person decides to appeal any decision made by the Board of Adjustment with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such ppurpose, he or she may need to ensure that a verbatim upon ret n. back requirements in the AR-1 necessary, a public hearing (Agricultural, Residential - 1 maybe continued from time to dwelling unit) Zoning District time to a date -certain. to allow three (3) accessory structures (pole barn, shed Anyone with a disability and pump house) to encroach a maximum of 13.2 feet into requiring accommodations to attend this meeting should the rear setback, guest house contact the St. Lucie Coun- to encroach 4 feet into the ty Risk Manager at least for - southwest corner side set- ty-eight (48) hours prior to the backandthe singlefamily res- meeting at (772)462-1546 or idence to encroach 11.9 feet T.D.D.(772)462-1428. into the southeast corner side setback and 30.6 feet into the BOARD OF ADJUSTMENT front setback. ST. LUCIE COUNTY, FLORIDA PUBR an 2019WE, CHAIRMAN File Number: BA 920185372 4 TCN 2185306 Location: 251 North Cardinal Place, Fort Pierce, FL 34945 Parcel ID: 2311-601-0103-000-8 The Public Hearing on this Item will be held in the Com- mission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Ave- nue, Fort Pierce, Florida on January 23, 2019 beginning at 9:30 a.m. or as soon thereafter as possible. The St. Lucie County Board of Adiustment has the power accor- ons of he St. Board of Adjustment Public Hearing Notice Meeting Time: da 9:30 AM (or soon thereafter) Wednesday, January 23, 2019 John Doe 123 Anywhere St. Anywhere, USA 12345 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL 34982 Applicant Ashely Erickson 251 N. Cardinal Place Fort Pierce, FL 34945 Proiect Location 251 N. Cardinal Place Fort Pierce, FL 34945 Parcel Size 0.84 acres Future Land Use RU (Residential, Urban) Existing Zoning AR-1 (Agricultural Residential-1 du/ac) Staff's Recommendation Board denial of requested vari- ance. Erickson, Ashley Variance BA-9200185372 Location Notice of Proposed Variance Request for Ashley Erickson (File No. BA 920185372) 500k NOEfioW.n Area 0 250 500 750 I,Ow ABnaI fi.n 2018 ` SuNad Parch IFet Map prepare0 Nov 6. W18 A Proiect Description Petition of Ashley Erickson requesting a Variance for multiple existing residential structures from the minimum building setback requirements in the AR-1 (Agricultural, Residential - 1 dwelling unit) Zoning District to allow three (3) accessory structures (pole barn, shed and pump house) to encroach a maxi- mum of 13.2 feet into the rear setback, guest house to encroach 4 feet into the southwest corner side setback and the single family residence to encroach 11.9 feet into the southeast corner side set- back and 30.6 feet into the front setback. The St. Lucie County Board of Adjust- ment (BOA) has the power to authorize variances from the dimensional require- ments in accordance with the provisions of Section 10.01.00, of the St. Lucie County Land Development Code. County policy strongly encourages pub- lic input and comment at the public hear- ing. You may also mail or email written comments regarding this proceeding in advance of the public hearing for inclu- sion in the official record. Written com- ments to the BOA should be received by the Planning and Development Services Department —Planning Division at least 3 days prior to the scheduled hearing. Anyone with a disability requiring ac- commodations to attend this meeting may contact the SLC Community Risk Manager at least 48 hours in advance at 772.462.1546 or TDD 772.462.1428 Further details are available in the Planning and Development Services Department —Planning Division please contact: Linda Pendarvis, Project Manager, Tel 772-462-1562 Email pendarvisl@stlucieco.org Mail 2300 Virginia Avenue Fort Pierce, FL 34982 Date Mailed 01 /09/2019 ST. LUCIE COUNTY VARIANCE RESPONSE FORM Please Return To: St. Lucie County Planning and Development Services — Planning Division Attn: Linda Pendarvis, Development Review Coordinator 2300 Virginia Avenue Ft. Pierce, Florida 34982 Email: PendarvisL@stlucieco.org Fax # 772-462-1581 PROPOSED REQUESTED VARIANCE: Petition of Ashley Erickson requesting a Variance for multiple existing residential structures from the minimum building setback requirements in the AR- 1 (Agricultural, Residential - 1 dwelling unit) Zoning District to allow three (3) accessory structures (pole barn, shed and pump house) to encroach a maximum of 13.2 feet into the rear setback, guest house to encroach 4 feet into the southwest corner side setback and the single family residence to encroach 11.9 feet into the southeast corner side setback and 30.6 feet into the front setback. REGARDING PROPERTY LOCATED AT: 251 North Cardinal Place, Fort Pierce, FL 34945 If you wish to comment, please check only one of the three following statements and return no later than January 21, 2019. 1 AM IN FAVOR OF THE REQUESTED VARIANCE ............................................ I AM NOT IN FAVOR OF THE REQUESTED VARIANCE .................................... HAVE NO OPINION TO THE REQUESTED VARIANCE .................................... I certify that, as of the date shown below, I am a property owner within 500 feet of the requested variance. Name (Please Print): Address: Date: Signed: Please note that forms returned without a name and address will not be considered. Also note that all returned forms are a matter of public record and available for viewing upon request. (File No.: BA 920185372) Form 07-34 N N N N N N N N N N N N N N N N N N N N N N N p - - - - - - - - - - - - - - - - - - W - -O m o mmmmmmivmmmmmb>b�mmmmmb�p�o>m ai O O O O O O NO O O O O O O O O N N O 0 0 0 0 0 6 6 6 6 6 _6 O O O O O O O O O O O O O O O 6 6 6 30 1.1 rol NYC 14� �Y'Y'�P t_) -;4 3Q 00�4 00000000� 4°0000000000000p 9m 00000000000000000000000o. 00000000c�oQopQc�Qoc�ooppo N Oo m(nAJ�NO<p O)O�NA W W OJAAN W O W 1 `< O rro of of n A w m m p cg o$ N y m m n N 7 N W J l F J J = 7. C) Z m m 3 ° r 0 o n m A;u A v7c -ate N �7D-i�T.�D�0C� O < G< w V = 2 .T1 D a (n T 3 � z 00 a) 0 tom 0;09m 3n DD D 991D m�cnm''n 0 3 Z w W W Oo W NOoe N j � N W N pJ jN� �NaD N t0 J W aD N A W N O J N A O Vt O�� N O 0 0 Vt O N O O W N O r O O O O W O O Vt m n� �'. 3 3 m` m` 0 c Z m.cn -1 3 o° n� w 0 m C C m r n o W m m x n n < O N N d Z N 4 m m n Z Z m D O o m m m Z O O-< � 3< oc��',D91 �m r r s m p 1 r< Z Z Z Z j N O � A m S W M w o. A rl a TI TI T1 T1 TI W TI T1 T1 0 T1 Tj cn Tl TI TI TI Tl 0t m O O O O O 0 ry O O O O O O w 0 0 0 0 0 0 0 0 0 B.a.Z .7 .7 .Z .1 W N .7 .1 .1 .1 :13.7 .Z (e1 m m m'm'm'ZD am'm m "m'm n m 'm' m m'ro m m m m m m m m m m m m m m m m m m m m m m Q A N AW W W W W W W W W W W W W �Ap �Ap �Ap �Ap A O �Ap �Ap �Ap A �Ap �Ap A OV �Ap A �Ap �Ap A �Ap �Ap A n A OOOO A OOO W 000 W W (ODN O A OO NOOtWJiQ Vt Ut U• N N N m m Ut Ut m N N J N Ut Vt Vt N O N N O spy lT N COMPLIANCE WITH POSTING OF NOTICE REQUIREMENTS -SIGN AFFIDAVIT STATE OF FLORIDA COUNTY OF Ashley Erickson being first duly sworn deposes and states: 1. 1 am the owner or the agent for the project known as Ashley Erickson Variance for the following petition: File No. BA 920185372. 2. 1 hereby certify that I have complied with the notice requirements set forth in Section 11.00.03.E of the St. Lucie County Land Development Code for the January 23, 2019public hearing to be conducted by the Board of Adjustment on the above -referenced petition. The required sign was printed and posted to the specifications listed on the Sign Content and Sign Requirements forms provided by the St Lucie County Planning and Development Services - Planning Division on January 9, 2019. The following required documentation is attached: A. Dated Photo submitted electronically (Close up) _ B. Dated Photo submitted electronically (Distant) _ Further affiant sayeth not. ANGftOKnFEG0. NolaryNbliC-$late of ofFlo Ronda Commission.-GG 146115 ,n,,.; My Comm Expins Sep 262021 " Signiture of Affiant STATE OF FLORIDA COUNTY OF S k. L V Li C The foregoing instrument was acknowledged before me this its day of �-g-i j 2019, by v c (r i c Ikwri Said person _ is personally known to me; produced a driver's license issued by a state of the United States within the last five (5) years as identification, or _,produced other identification, to wit Notary Public, State of Floc la Qr'aPo W'rl ri6e}t� Typed or Printed Name of Notary Commission No.: G G j g lCt15 My Commission expires: oy-'26-21 �T . LUCRE j, �V��li qa c " �-. ((((( V n 1 r .✓ . 1 �� ( , f✓h� ,r' 1 � {,p •Q's I NURSING BASS ^- N 69'5 Ei1JWIDY (C) N 89'58.39- E 1390.86�(p) 48.E P 80.0 (P) ) CN.CDI ED NW CORNER SW 1/4, RSo ON GER39 E1, 11l'P J55. x Vb g� 1 N SO SOFT E 820.58• (C) 620.59• (P) I mac (P) _ 7.00' (P) y FOUND I -FOUND 3/4- 01A PIPE 1/2- DIA REB.4q W/NO IOENTIFICA➢ON a^ W/NO ID (N 85'I8.31- W 021') W CS MMI'98' A Q z I Iv sIR sIB LOT 22 W _ „IOC rp$ (OCCUPIED) LU Zo 3 Z� Y Q Q FOUND 1/2' W. PIPE E U m W/NO IDEAL➢FlCATIO.V I 5.0, fiWVWME Q _ _ -_______ ____ -� ____ MSEMENi(P)� _ _ r----- /\ V _ _ III W BLOI.K MGE OMENT I � � =Ia g 8 ?I LOT 17 (OCCUPIED) RI= NIg w FOUND 1/2- ON, PIPE )N 78E 1.06 _GOMTIFl _ 75 W (P) _ _ �. 750O_(P) 1: SURv1Y0R•5 GENERAL NOTES AND REPORT: N 89'SO'45- E (C) R.O.W. 1. UNLESS IT BFPAS WE SIGNATURE AND ME ORIGINAL IWWIPER SEO SEAL Of A RORIDA LICENSED SURJEI'OR AND , ORCWC I (OFFSET 1' SOUTH) THIS DRAWING. SKETCH, PUT OR MAP IS FOR INFORMATONAL PURPOSES ONLY AND IS NOT VAUD. 2. THE LIST DAY OF FIELD WORK PERFORMED FOR THE INITLLL SURVEY EFFORT WAS MRIL 18, 2018. SUBSEOUEM ADDNbNS. DELETIONS AND/OR UPDATES, IF ANY, ARE REFLECTED IN THE MORRIS REMSIONS. J. SWINGS SHOWN HEREON ME BASED UPON THE NORTH OF ZONE, OF ROIL, WO ME FLORIDADATUM PROJECTED IN THE FLORIDA STATE PLANE CWROINATE SYSTEM REAST ZONE (801J AND SYSTEM (901) AND WE REFERENCED TO CRIPPLE CREEK LANE - WEST AVENUE "E" (P) CAP J.1' J+ B.0' OPNW.GEL-j 55.49 F/SEMENi (P) L-39CHO R�25.E' f\ CHOp012'12' 4S03'I9'I W QI CHB-N IS'OJ'09' W -22.68' Ly '� 6.0• DRANAGE 2]d' ' MOMENT (P) POLE BARNI 122.22' (ORT FLOOD '1.29' Y 24.2$' NAME i0.Y iFM1E SHED III I I I�I I I LOT 21 1 LOT 20 I I 85' (P) w w APPRO%IMATI ` DATE SOUND 0f 8' WOOD N• WOOD FENCE I FENCE ,A �\. .,� I I i 18 POOL OECK� R LOT 19 s \, 1-5]ORICANRY RESIDENCE RAVEL. _ v� �CONCRE GRAVEDUE L WKK WANE H 8 9'S0'45' THE ESIABI MO MPNUMENTEO ONE SHOWN HEREON LABELED AS THE SEARING BASIS. SURVEYOR'S GLOBAL POSITIONING SYSTEM (GAI NOTES: 4. UNLESS A DIFFERENCE IS SHOWN, OBSERVED AND RECORD DIMENSIONS ME WE SAME. ALL DIMENSIONS SHOWN 1. OP S. SURVEY METHOD: I TIME KINEMATIC (flTK) HEREON ME DISPLAYED IN U.S. SURREY FEET MD DECIMAL PARTS THEREOF. 2 OP.S, RECEMR TYPE: DUN. FREQUENCY COCA GS 14 / CS 15 5. THE BOUNDARY DEFORMATION AND DELINDTION SHOWN ON THIS MAP OF SURVEY WAS BASED UPON THE PROFESSIONAL- GPS/GLQWSS GLASS (GLOM NAVIGATION SATELLITE SYSTEM), SBAS, OPINION OF WE REGISTERED SURVEYOR PURSUANT i0 NORMAL PRINCIPALS MO PRACTICES OF Wi0 SURVEYING AND IS MOE AND PHASE (LI AND L2) NOT INTENDED TO IMPLY OR DETERMINE OWNERSHIP. MIS SURVEY DOES NOT INTEND TO DELINEATE LOCAL ARMS OF CONCERN OR NIT OTHER JURISDICTIONAL DETERMINATION, 3. THE ORIGIN& ORB UK MEASUREMENTS BEGAN MRIL 5, 2018 AND 6. THIS SUOR HAS BEEN PREPARED FOR THE E%CWSNE MO USE EMITES NAMED ED. PERSONS MOOF WERE COMPLETED ON MAIL 16. 2010. TWO LOCA DUAL FREQUENCY CPS RECEIVERS EQUIPPED WITH RFSNI (TIER TIME MEASUREMENT UNLESS NOON FOR WE PURPOSES IDENTIFIED HEREON ONLY. UNLESS OTHERWISE STATED, CERTIFICATION PROFESS OF THIS SURVE! MAP TA T APPLIES ONLY TO WE STMMADS OF PRACTICE SET FORTH BY WE FLORIDA BOND OF PROFESSIONAL SURVEYORS AND WARLESS) WERE USED TO DMON CPS DANu TYPICALLY A ME MAPPERS IN CHAPTER U17 FLORIDA MMINISTRAAIVE CODE, PURSWM TO SECTION 472.027. FLORIDA STATUTES. THE RECEMR IS SET UP ON W ESTABLISHED CONTROL STATION WHILE q ROANG RECEIVER LOCATES EXISTING MONUMENTS, IMPROVEMENTS CERTIRCATON IN ND WAY CONSTNLES NEITHER GUAAµ1Y NOR WPAFAMT i0 A4Y OTHER INFORG SHOWN ALAI TOPOGRAPHIC DATA AND CONTROL THROUGHOUT WE HEREON. IDIXTIONS, OELEIONS OR REVISIONS i0 DAIS DRAWING BY OTHERS ME NOT PERMITTED MO DAIS SURVEY MAY WS S PRQIFLL AREA. REAL-TIME CODR011UAE COMPUTATIONS MO NOTBE TRANSFERRED WIWOM WE E%PRESSED WRITER PERMISSION OP THE SIGNING SURVEYOR. THIS SURVEY IS NOT VRIO FOR AM OTHER PURPOSE OW ER THAN INTENDED BY THE SIGNING SUMMOR. PRECISION INFORMAipN ME DETERMINED NA MUCH] /MODEM LINK WEN WE BASE STATION AND RECORDED AS THREE DIMENSIONAL ]. WE LEGAL DESCRIPTION AND MATTERS OF PUBLIC RECORD WERE FURNISHED BY WE CLIENT. MIS PROPERI WAS NOT ABSTRACTED OR (3D) POSITIONS. RESEARCHED BY THIS OFFICE FOR ENCUMBRANCES OF RECORD. THE HEREON DESCRIBED 4, O.P.S. SURVEY MEASUREMENTS WERE PROCESSED MO ADJUSTED PROPERTY IS SUBJECT TO RESTRICTIONS, RESEWATI NS. EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF MY. USING LEICA INEMIb, VERSION 2.1.0 MATTERS OF RECORD NOT BROUGHT TO THE SURVMOR'S ATTENTION BY WE CLIENT, THOR AGENT OR M DISCLOSED SY A FURNISHED TITLE INSURANCE POLICY WERE NOT INCLUDED. NO INVESTIWTgN WAS MADE BY THIS OFFICE INTO WE VALOIIY OF ANY EASEMENTS COED IN THE LEGAL DESCRIPTION OR FOR MY ENCUMBRANCES NOT OF RECORD THE 5. WE HORIZONTAL TMGET ACCURACY FOR THIS SUMEY IB A6 :N INFORIAMON FURNISHED BY WE CLIE, NO TT£ COMMOME OR ABSTRACT WAS FURNISHED FOR WE PREPARATION FOLLOWS: HORIZONTAL: 8MM + 1PPM (ALMS) HORIZONTAL: OF THIS SURVEY. 15MM + 1PPM (ALMS), S. WE EXPECTED USE OF WE LAND, W CLASSIFIED IN THE STANDARDS OF PRACTICE (5J17 FACJ IS SUBURBAN. Wf HORUTILIZINC L POSITIONS NS CONTROL 6, HORIZONTAL POSITIONS OF SITE CONTROL WERE ESAABLISHED WERE MINIMUM RELATIVE DISTANCE ACCURACY OF BOUNDARIES FOR THIS TYPE OF SURVEY IS I FOOT IN 7,5E FEET. WIS SURVEY NEEDS OR EXCEEDS WE STATED ACCURACY REQUIREMENT. '1APK- NETWORK LOCAL SOD CONTROL VALUES ME NETWORK CORRECTED (NHUSTEO) POSOIONS. 9. WITH EXCEPTION TO WHAT HAS BEEN FlRD LOCATED AND SHOWN ON THIS SURVEY. WE SUFvEYOR MAKES NO GUARANTEES THAT WE UNDERGROUND MUTIES SHOWN HEREON COMPRISE ALL SUCH UTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. SUBSURFACE MD/CR AERIAL ENCROACHMENTS, IF PLAY, WIFE NOT LOCATED MOOR DEPICTED ON THIS SURVEY UNLESS NOTED OR IDENThED 10. THE HEREON DESCRIBED PROPERTY APPEARS TO Lk WITHIN ROOD ZONE Y. NO SPECIAL FLOCO HAZARD AREAS, W SHOWN ON ROOD INSURANCE RATE MAP (FIRM) NUMBER 121l IC0160, PANEL NOT PRINTED, COMMUNITY NUMBER 120285. PANEL 0160. SUFFIX V MAP RENSW DAZE FEEMMY 10, 2012, MAP INDEX DATE FEBRUARY 18, 2012, p WATER ME1ER O E- ANCHOR 4 WY WOE m SON y ® DRAINAGE CATCH BASIN {t O SANITARY SEWER MANHOLE ORMNACE MANHOLE -GO OVE1GEAD EUC71C lol W WATER VALW CIA. X( FIRE HYDRANT EDP `T1 UTUTY POLL R.O.W. (0) OBSERVED DATA ENC. (P) MT DATA L.P. (C) CALCULATED DATA SAL (D) GEED DATA P.O.B, POC CERTIFIED TO: IXR9 Z EIITOSKYCONSTRUCTIOIN PG ASHLEY ERICKSON V FOUND 21,2- CONCH CTE MONUMENT W/NO IDENTIFICA1lON CALCULATED NE CORNER OF SW 1/4 NW 1/4 SECTION 11 - MP 355, AGE. 39E I- I n. I I > I BLOCK C O 3 Z. 12- CRAP LOT 18 I � _ CfSCRIPNON: I 'LOTS 15, 19, 20 AND 21, BLOCK 6 OF JAY GARDENS ^. R PIERCE, ACCORDING TO THE PUT THEREOF AS RECORDED IN PUT COOK 10. PAGE(S) 70. OF TIE PUBLIC a RECORDS OF SF. LUCIE COUNTY, PLORICA: J THE MOVE DESCRIPTION IN QUOTES TAKEN d FROM OFFICIAL RECORD BOOK 3988. PACE J 2691 PUBLIC RECORDS OF Si. LUCIE Q a COUNTY, ROGDA. Z d THE TAROK DESCRIER VND CGMPINS e 38,53L97 SO. FT. OR 0.84 ACRES. PARCEL IOENTNECATCH: 2MMI01030008 (i LOT 17 MUNICIPAL ACCESS: 251 CARDINAL PUCE. Z I FORT %ERCE, FLORIDA 34945 0•(P)_ FOUND 5/.' 010. REBAR/CAP STAMPED VD -CON M 4942' (5 fi]'sI'LLY E 0.42) FOUND 5/T DAL RERLR/CAP \ - - STAMPEDVRCON 7' 4942" -3 D-E5.29' 47 .48' N 44'S6'S1' E \ MOCO LANE - WEST AVENUE "D" (P) .7 ROW BLOCK EXISTING MLL TELEPHONE\CAN MSM SANITARY CLEAN -APT YARD USE ELECTRICAL RISER MALL RECEPTACLE ELECTRICAL MEER DAMETER EDGE OF PAVEMENT RIGHT C WAY CONCRETE DOUG PROPME WALE PORT O BEONNING PORT O COMMENCEMENT OTC& RECORD BOO( PACE I Go.. R. SRC SRWC FORD FORCWC I.R.F. WCO . I.R.F.C.W. I INDIM RIVER LWNTY, RIXpDA SET 1/2' DIAMETER % 1W LONG MUM/CAP STAMPED -CARTER ASSOC.' SET 1/2' DIAMETER % IT LONG REBM/CAP STAMPED 'MA.COX. LB.2W' FOUND 1/2' DIAMETER A 16- LONG REBAR/CM STAMPED 'CARTER ASSOC.' FOUND I/2- DIAMETER % IT LONG REBAR/CM STAMPEO'MLLYA. LB.205- WDIM RI fR FARMS WATER CONTROL OSTRICT DORM I FARMS COMPANY SUR IWSNNi FDuxD 5/6" DIA. OEM w/xD mENnFlcgnoN (S 64'07'36- E 1,45) W "- Z B 90 Planning dLei lOpm0n1 L) SP,IN.C[IS U NOV - 12018 RECEIVED SLCO.. R SE DACE COUNTY, RONDA GRAPHIC SCALE CS.S. CONCRETE BLOCK STRUCTURE JO 0 JO 60 90 SG E. (1 IncM1 30 feet) REVISED: I018/18 PER ST. LUCIE COUNTY COMMENTS, COUNTY PROJECT No. BA.920185372, 874WP/36, SG. ZABITOSKY CONSTRUCTION ^°"UA PRIS O8-50S BOUNDARY SURVEY '° IPII " CARTER ASSOCIATES, INC. "� - DRAWN :18JS0S SHEET 574 LOTH AVENUE em° / DRAWN BY: DJM LOTS 18, 19 20 AND 21, BLOCK 6 - JAY GARDENS - FT. PIERCE CONSULTING ENGINEERS AND LAND SURVEYORS .' '. MIID,BY:DEL 1 Of 1 VERO BEACH, FLORIDA 32962 1708 21 s[ STREET, VERO BEACH, FL 32960 I� PLOT BY : Smt CI PLAT BOOK 10, PAGE 70 TEL: (772) 662-4 191 PAX: (772) 562-7180 DAVID E LUEAHJ(I HBM. DI FILE NAME. 104505ft ST. LUCIE COUNTY, FLORIDA FLORIDA LICENSE NO: 6128 REFY DEL: 528-0]68 FPX'. CARTER ASSOCN]ES, INC. COA205 I LB NJ5 F N.BP0.:854WP18r OWg. p'. 2091]-8 MtMUKANUUM TO: Board of Adjustment THROUGH: Mayte Santamaria, Planning & Development Servicess ss :stant Director Linda Pendarvis, Development Review Coordinal rj(�A/ FROM: Kori Benton, Senior Planner � f� DATE: January 11, 2019 �`�1 SUBJECT: A petition of Michael Chesanek for a variance from the provisions of Sections 7.10.16 F. I. — Setbacks and 7.10.16 Q. La. 1. (b) & (d), of the St. Lucie County Land Development Code, which provide minimum building setbacks for all recreational vehicle lots existing on or before August 1, 1990, to allow a raised wood deck, accessory to a mobile home, within the required side and rear yards. ITEM NO. IV GENERAL INFORMATION Location: 808 Osprey Court, Fort Pierce, FL Parcel ID: 1410-502-0343-000-9 Zoning District: HIRD, Hutchinson Island Residential District Overlay Zoning District Hutchinson Island — Building Height Overlay Zone A Future Land Use(s): RH, Residential High - 15 dwelling units per acre Purpose: The purpose of this variance request is to allow a raised wood deck, accessory to a mobile home, with the following encroachments: 1) An 8 ft. encroachment into the required, 8%, side yard setback for an 1 I ft. linear section of deck; 2) A 4.65 ft. encroachment into the required, 811., side yard setback for a 26.7 ft. linear section of deck; and 3) A 511. encroachment into the required, MI., rear yard setback for a 30 ft. wide section of deck. Pareel Size: 0.05 acres Existing Use: Single-family Residence (Mobile Home) Utilities: St. Lucie County Utilities Water & Wastewater ST. LUCIE Board of Adjustment Petition: Chesanek Variance January 8, 2019 Page 2 Adjacent Land Use/Zoning/Uses: Direction Future Land Use Zoning Existing Use(s) River / Ocean Harbour RH, Residential High - 15 HIRD, Hutchinson Island Condominium (Docking North d/u acre Residential District Facilities) South RH, Residential High - 15 HIRD, Hutchinson Island Single-family Residence (Mobile Home) d/u acre Residential District RH, Residential High - 15 HIRD, Hutchinson Island Single-family Residence East d/u acre Residential District (Mobile Home) RH, Residential High - 15 HIRD, Hutchinson Island Single-family Residence West d/u acre Residential District (Mobile Home) BACKGROUND INFORMATION The subject 0.05-acre parcel, or Co-op site #343, is located within the Ocean Resort Cooperative RV Park, situated within the HIRD, Hutchinson Island Residential Zoning District and RH, Residential High (15 du/] acre) future land use category. The subject property also lies within the Hutchinson Island — Building Height 'Overlay Zone A, which provides for a maximum building height of 120 feet. The encompassing complex is nearly 100 acres in size and was originally developed as a campground by the Bryn Mawr Corporation in the 1970s. Ocean Resorts was incorporated as a Cooperative in 1980, and was labeled as a "residential park for recreational units". Presently, dwellings within the park consist of wood -frame houses, mobile homes, and a collection of empty lots suited for transient or non -transient recreation vehicles {RVs). The Ocean Resorts co-op contains 400 sites. The petition site features a 1,144 sq. ft. double -wide mobile home, Jacobsen Signature Model, Serial # M464, permitted in 2010. County records note the mobile home features 2 bedrooms and 3 baths, and is established within the AE Zone (FEMA Map Service EL 4). Subsequent to installation in 2010, a wood deck was installed across the entire rear yard, extending around the north west corner to the primary, west, entry. The wood deck provides a staircase to grade -level for pedestrian access, and an elevated walkway between the primary and rear doors of the unit. No permit records for this accessory structure exist. The deck, at the time of construction, was adjacent to Co-op site #344 which was utilized by an RV until a mobile home was installed in late 2017 to replace use by an RV. .Variance Request The petition seeks a variance from provisions of Sections 7.10.16 F. 1. — Setbacks and 7.10.16 Q.l.a.I. (b) & (d), of the St. Lucie County Land Development Code, which provides minimum building setbacks for all recreational vehicle lots existing on or before August 1, 1990, to allow permitting (retention) of a raised wood deck (existing), accessory to an existing mobile home, with the following encroachments: 1) An 8 ft. encroachment into the required, 8ft., side yard setback for an 1 Ift. linear section of deck; 2) A 4.65 ft. encroachment into the required, 8ft., side yard setback for a 26.7 ft. linear section of deck; and 3) A 5ft, encroachment into the required, 5ft., rear yard setback for a 30 ft. wide section of deck. ST. LUCIE V(,-/f ;I S Board of Adjustment Petition: Chesanek Variance January 8, 2019 Page 3 The minimum yard (setback) requirements for the subject site are presented below, in accordance with LDC Section 7.10.16 F. 1. — Setbacks, and corresponding text of Section 7.10.16 Q.l .a.l. (b) & (d): The applicant is requesting relief from the required rear and west side yard requirements of 5ft. and 811., respectively, in order to permit and retain an existing wood deck as depicted on a site survey excerpt in Exhibit 1, below. Exhibit 1: Co-op Site 343 Survey — Mobile Home (Blue), Wood Deck (Orange) & Adjacent Units (Red) existing , N 88'54'09" E 30.03 seawall cap 0 � Lxo i o� ., sty y3.80' 12.Z existing-- g existing wood deck " e concrete 9 1v/ 1 _J / LOT existing existing _ , 343 Z building concrete mcri "' o e' existing u OXJ ' z wood steps o i a O LOT O (n 1 c n z W C.i 342 0 ez �c,tn P LOT a.s 3 P E (occupied) co co m 344 O o z Mobile Home .p Mobile Home installed in installed in p Mobile Home 2006 2017 t i _ _ installed in &00'bldq. i 2010 O'bldq. • • '.. setback `\ i b_ _ eslba& ,'eiClStlfl "•concret a. 29.95' 30.01 29.97' - --OSPREY COURT og aS F� Photographs of the existing deck, constructed in 2010 without documented building permits, providing pedestrian access to the main structure entry and elevated walk along the west fagade are presented below for context. ST. LUCIE Board of Adjustment Petition: Chesanek Variance January 8, 2019 Page 4 The photographs below present the rear deck (existing) expanse located within the rear yard. This deck also provides connectivity between the primary entrance to the mobile home and the rear sliding doors. The deck extends, north, beyond the established seawall. ST. LUCIE VOFO�) Board of Adjustment Petition: Chesanek Variance January 8, 2019 Page 5 ST. LUCIE Board of Adjustment Petition: Chesanek variance January 8, 2019 Page 6 VARIANCE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for a variance from the St. Lucie County Land Development Code, the Board of Adjustment shall consider and make determinations of whether: 1. The variance requested arises from conditions that are unique and peculiar to the land, structures, and buildings involved; that the particular physical surroundings, the shape, or topographical condition of the specific property involved would result in unnecessary hardship for the owner, lessee, or occupant, as distinguished from a mere inconvenience, if the provisions of Chapter 7, Sections 10.16 F. 1, & Q.l.a.l. (b) & (d), are literally enforced; that they are conditions that are not ordinarily found in the same Zoning District, and the conditions are created by the regulations of Chapter 7, of this Code, and not by an action or actions of the property owner or the applicant. The applicant, in his project description, has indicated the subject deck was built during the time his mother owned the property. Said deck, constructed in 2010 without a documented permit, was subject to a notice from the St. Lucie County Building & Code Divisions in 2018. It was further noted that neighbors to the east and west of our property have "similar" decks, to the deck subject to the variance petition, and been in existence for a number of years. The variance to reduce the required side (west) and rear yard to accommodate a raised wood deck does not directly originate by the actions of the property owner, but rather the proposed to retain the deck as - is, in the absence of modification to conform to required setbacks and/or available alternatives. The subject site is located within a FEMA AE zone, whereas the mobile home features a finished flood elevation several feet above grade, however this circumstance is experienced by adjacent sites and is not exclusively unique. It would be possible for modification of the wood deck, to be situated at -grade level and accompanied by two (2) landing features to provide reasonable access to both means of ingress/egress to the mobile home. Through this alternative design, which has been implemented at the site immediately to the west, access to the mobile home and an observation area within the rear yard may be maintained. The applicant has not sufficiently demonstrated that the unique conditions of the property have caused an unnecessary hardship as distinguished from a mere inconvenience or cost. Presumably, the filing of permits for construction of the deck, in 2010, would have guided alternative construction options in accordance with provisions of the land development code. 2. The granting of the variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, create a hazard to air navigation, endanger the public safety, or substantially diminish or impair property values within the neighborhood. The variance may impair or injure other property or improvements in the neighborhood, if the same setbacks are applied to a future addition to or replacement of the unit situated to the west of the deck, as "a minimum eight (8) feet unobstructed between adjacent units shall be required" per code. Such application would impact the location of such addition or replacement, as this particular provision requires maintenance of an eight (8) feet unobstructed area or yard between adjacent units, as opposed to site, parcel, or lot lines. ST. LUCIE 3. Board of Adjustment Petition: Chesanek Variance January 8, 2019 Page 7 Further, the deck, in the expanse proposed, could increase the danger of fire or endanger the public safety, as the proximity to an adjacent mobile home unit may provide greater capacity for the spread of fire, if initiated in either structure/unit. The granting of the variance would not, however, impair or injure the supply of light or air to the adjacent public streets or adjacent sites, substantially increase the congestion in the public streets, create a hazard to air navigation, or substantially diminish or impair property values within the neighborhood. The variance requested is the minimum variance that will make possible the reasonable use of the land, building, or structures. The variance is not needed to make possible the reasonable use of land. The mobile home can be utilized and access provided via the County's allowance for landings (4ft. by 4ft. plus stairs), or a modified deck system/footprint may be eligible through alternative administrative remedy in accordance with LDC Section 10.01.14. A - Administrative Variances for the Required Minimum Yard Setback Standards, for Recreational Vehicle Parks. For example, the rear deck could be altered, or re -configured at grade, with an accompanying landing and staircase to provide a similar outdoor space at the waterfront. An example of this concept has been established at the site immediately adjacent to the west, as presented in Exhibits B & C below. This is simply provided for comparison and depiction of an alternative design. The applicant would need to ensure that any proposed design alternative meets County code requirements including setbacks. Exhibit B: Design Plans for Rear Landing and Observation Deck at Grade (Site 344 to West) � 8E"T pN 3Ll.B i I i I fie` J�II I :I H eft. M s ev ill1NYJPNL�, PER °E6VOH 3Rt.6 OEGK sft. Minimum Setback TYPI^AL rww err+�n�l w M/�m�l C �J/�MF F C F I/ 4e' A13V. FIN15H GRAY ;REAR EXISTING MOBILE HOME Site 344 (to the west ° oa T. of Petition Site) atnr /, c Not Subject Site of Variance Request 1 ® Deck at Grade ❑Landing — Administrative Variance ST. LUCIE Board of Adjustment Petition: Chesanek Variance January 8, 2019 Page 8 Exhibit C: Photo of Constructed Rear Landing and Observation Deck at Grade (Site 344 to West) The presented exhibits highlight an alternative design compliant with established yard and dimensional standards, whereas maintaining ingress and egress to the mobile home via a landing and an observation deck at grade with accompanying safety railings. A modified design, limiting each landing to 411t. by 411., with an accompanying observation deck at -grade may be considered at the petition site. 4. The variance desired will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. The purpose and intent of the LDC and Comprehensive Plan seek to preserve, protect, and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of St. Lucie County, with the particular guidelines (7.10.16 F. 1, & Q.La.I. (b) & (d)) providing unobstructed separation between dwelling units within RV Parks of no less than 8 ft. The proposed variances and existing deck, beyond allowable landings, reflects obstructions and spatial relationships intended for avoidance within RV Parks, and similarly implemented for residential development. Alternatively, replacement of the current deck system with 4ft. by 4ft. landings or retention of a minimal width (36"- 42") elevated deck situated at the finished floor elevation which wraps around the rear and western fagade to connect established entrances (landings plus a bridged connection) may provide consistency with the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. STAFF RECOMMENDATION Staff recommends denial of the variance as requested as it does not arise from conditions that are unique and .peculiar to the land and physical environment, is not necessary to make possible the reasonable use of the land, building, or structures, and could potentially impair or injure other property or improvements in the neighborhood in which the subject property is located. ST. LUCIE /()H1Kv Board of Adjustment Petition: Chesanek Variance January 8, 2019 Page 9 SUGGESTED MOTION(S) TO APPROVE/DENY THIS REQUESTED VARIANCE: MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT APPROVE THE PETITION OF MICHAEL CHESANEK FOR A VARIANCE FROM THE PROVISIONS OF SECTIONS 7.10.16 F. 1. — SETBACKS AND 7.10.16 Q. La. 1. (b) & (d) OF THE ST. LUCIE LAND DEVELOPMENT CODE TO ALLOW FOR A DECK TO EXTEND WITHIN THE REQUIRED SIDE AND REAR YARD IN THE HIRD ZONING DISTRICT, BECAUSE...... (CITE REASON WHY - PLEASE BE SPECIFIC) MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION. 10.01.02 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT DENY THE PETITION OF MICHAEL CHESANEK FOR A VARIANCE FROM THE PROVISIONS OF SECTIONS 7.10.16 F. 1. — SETBACKS AND 7.10.16 Q.l.a.1. (b) & (d) OF THE ST. LUCIE LAND DEVELOPMENT CODE TO ALLOW FOR A DECK TO EXTEND WITHIN THE REQUIRED SIDE AND REAR YARD IN THE HIRD ZONING DISTRICT, BECAUSE...... (CITE REASON WHY - PLEASE BE SPECIFIC) ST. LUCIE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 BOARD OF ADJUSTMENT RESOLUTION NO. 19-002 File No.: BA 1020185384 A RESOLUTION APPROVING/DENYING A VARIANCE FOR CERTAIN PROPERTY LOCATED AT 808 OSPREY COURT, IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of Adjustment of St. Lucie County, Florida, based on the testimony and evidence, including, but not limited to the staff report, has made the following determinations: Petition of Michael Chesanek for a variance from the provisions of Sections 7.10.16 F. 1. — Setbacks and 7.10.16 Q.1.a.1. (b) & (d), of the St. Lucie County Land Development Code, which provide minimum building setbacks for all recreational vehicle lots existing on or before August 1, 1990, to allow a raised wood deck, accessory to a mobile home is within the required side and rear yard. Said mobile home located within the Ocean Resort Co-op, and the HIRD, Hutchinson Island Residential District Zoning District. On January 23, 2019, this Board held a public hearing on the petition, after publishing a notice of such hearing, installing a sign on property and notifying by mail all owners of property within 500 feet of the subject property. 3. After consideration of the staff comments and applicant's exhibits presented during the public hearing, including the standards of review for granting variances set out in Section 10.01.02, St. Lucie County Land Development Code, the Board of Adjustment has made the following determinations: The requested variance has/has not met the standards of review as set forth in Section 10.01.02, St. Lucie County Land Development Code and is /is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan, because NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County, Florida: A. Petition of Michael Chesanek for a variance from the provisions of Sections 7.10.16 F. 1. — Setbacks and 7.10.16 Q.1.a.1. (b) & (d), of the St. Lucie County Land Development Code, which provide minimum building setbacks for all recreational vehicle lots existing on or before August 1, 1990, to allow construction/retention of a raised wood deck, accessory to a mobile home, within the required side and rear yard. Said mobile home is located within the Ocean Resort Co-op, and the HIRD, Hutchinson Island Residential District Zoning District, for property depicted on the attached map as Exhibit "A" and described as follows: Parcel 1 Campsite No. 343 within OCEAN RESORTS COOPERATIVE, a Cooperative Campground, according to Exhibit "F," being the master Owner's Proprietary Lease File No. BA 1020185384 BOA Resolution No. 19-OXX Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 recorded on March 18, 1992, in O.R. Book 780, page 2445, public records of St. Lucie County, Florida, and being a portion of the following described property: The South 1000 feet of that part of Government Lot 3, Section 11, Township 34 South, Range 40 East as measured along the East right of way of State Read A-1-A and lying East of said right of way; Together with all that property lying South of a line running from East to West from the Atlantic Ocean to the Indian River 3828.75 feet South of and parallel to the North line of Sections 9, 10 and 11, Township 34 South, Range 40 East, and lying West of the right of way of State Road A-1-A, less the following described parcel: Parcel No. I: Beginning at a point on the South line of Section 11, Township 34 South, Range 40 East, said point being 262 feet West of the intersection of the West right of way of State Road A-1-A and the South line of said Section 11; thence run North at a right angle to the said South line a distance of 207 feet; thence run West and parallel to the said South line a distance of 432 feet; thence run South to a point on the said South line of Section 11; thence run East along the South line of Section 11 a distance of 432 feet to the point of beginning. SAID SITE CONTAINING 0.05 ACRES, MORE OR LESS. Tax Identification Number: 1410-502-0343-000-9 Location: 808 Osprey Court, Fort Pierce, FL — Site 343 within the Ocean Resorts Co-op B. Based on the evidence presented, this variance is approved/denied. C. This variance shall expire twelve months from the date of adoption unless a building permit is approved or an extension is granted in accordance with Section 10.01.06, of the St. Lucie County Land Development Code D. An appeal from the Board of Adjustment's action may be processed in accordance with Section 10.01.07, of the St. Lucie County Land Development Code. After motion and second, the vote on this resolution was as follows: Chairman Robert Lowe XXX Vice Chairman Ron Harris XXX Commissioner Derek Foxx XXX Commissioner Alexander Tommie XXX Commissioner Michael Jacquin XXX PASSED AND DULY ADOPTED This 231 day of January, 2019. File No. BA 1020185384 BOA Resolution No. 19-OXX Page 2 ATTEST: BOARD OF ADJUSTMENT ST. LUCIE COUNTY, FLORIDA Secretary Date Chairman Secretary Date APPROVED AS TO FORM AND CORRECTNESS: Asst. County Attorney BOA Resolution No. 19-0XX File No. BA 1020185384 Page 3 Exhibit A Subject <, Ocean Estates, P a r c e l `y �\ Avalon State Park k n 'Ocean Hartor ( !�'`'�1 Indian River Atlantic —. Lagoon s�a„a �� ` Ocean y 5,, Z 0i a � c x i N m 5„ BOA Resolution No. 19-OXX File No. BA 1020185384 Page 4 ST. LUCIE COUNTY Planning & Development Services Department Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 http://www.stlucieco.org/planning/planning.htm DEVELOPMENT APPLICATION Planning &Devoiopfne nt Servicee Or 1 0320118 RECEIVED A pre -application conference is recommended prior to main application submittal. Please contact the Planning Division to schedule an appointment. Submittal Tvve fcheck each that applies Site Plan RezoningI ❑ Major Site Plan ❑ Rezoning (straight rezoning) r1 Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) n Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment Major Adjustment to Minor Site Plan Comprehensive Plan Amendment ° ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Future Land Use Map Change CI Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment t I Minor Adjustment to Minor Site Plan ❑ Minor Adjustment to PUD/PNRD/PMUD Planned Development Planned Town or Village (PTV) ❑ Planned Country Subdivision (PCS) I Planned Retail Workplace (PRW) ❑ Prelim. Planned Unit Develop. (PUD) ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Final Planned Unit Develop. (PUD) Final Planned Mixed Use Develop. (PMUD) Final Planned Non -Res. Develop. (PNRD) Conditional Use' ❑ Conditional Use ❑ Major Adjustment to a Conditional Use ❑ Minor Adjustment to a Conditional Use Variance 2 ❑ r inistrative Variance Variance ❑ Variance to Coastal Setback Line Other ❑ Administrative Relief ❑ Class A Mobile Home 9 Developer Agreement (Submit per LDC 11, 08, 03) ❑ Power Generation Plants r1 Extension to Development Order ❑ Historical Designation/ChangeI 11 Land Development Code Text Amendment o Plat ❑ Post Development Order Change ❑ Re -Submittal # 8 ❑ Shoreline Variance Stewardships — Sending/Receiving ❑ Telecom Tower (Submit per LDC 7.10.23) • Transfer of Development Rights ❑ Waiver to LDC/Comp. Plan Requirements 9 1,1 Appeal of Decision by Administrative Official10 ❑ Eminent Domain Waiver" Application Supplement Packaoes 1. Conditional Use 6. Historical Designation/Change 10. Appeal of Decision by 2. Variance 7. LDC Text Amendment Administrative Official 3. Rezoning / Zoning Atlas Amend, 8 Re- Submittal 11. Eminent Domain Waiver 4, Comp. Plan Amendments 9. Waiver to LDC/Comp. Plan 5, Class A Mobile Home Requirements Refer to Fee Schedule for applicable fees. All required materials must be included at the time of submittal along with the appropriate non-refundable fee(s). Page 1 of G Revised March 2, 2018 Submittal Requirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. All applications must include the following: Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) CI Aerial Photograph — property outlined (available from Property Appraiser's office 1-1 Property Deed ❑ Legal description, in MS Word format, of subject property EJ Property Tax Map — property outlined (electronic copy not required) ❑ Survey (24x36) I ) 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) ❑ Concurrency Deferral Affidavit; or ❑ Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02), This will require a Transportation Assessment or a full Traffic Irnpact Report, if applicable. Site Plan and Planned Development Applications must also include: ❑ Site Plan 24"06" at a scale of 1"=50' (12 copies -folded, not rolled) Ploa0ing&Development Ll Boundary Survey (24x36) — Signed and Sealed (12 originals) SeNIceS I 1 Topographic Survey (2436) — Signed and Sealed (12 originals) ❑ Landscape Plan — Signed and Sealed (12 originals) O(.) Q ;j 2018 I- i Traffic Impact Report (TIR) (4 copies) if: 0 50+ residential units RECEIVED o Development on N. or S. Hutchinson Island o Non-residential (see LDC Section 11.02.09(4)) l Environmental Impact Report (4 copies) if:(See LDC Section 11_02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat Inventory for SLC", o The proposed development is located in whole, or part, within the One Hundred Year Flood Plain, o Development on N. or S. Hutchinson Island Development Order Extension Applications only require the following: ❑ Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02,06) IJ Updated Traffic Analysis if applicable (4 copies) ❑ Approved Resolution or GM Order Final Plats only require 2 CDs (follow specifications above) & 4 copies of the following: 1,1 Main Application and back up material L] Approved Site Plan and copy of approved Development Order ❑ Plat - Include extra copies of Plat for applicable conditions of approval (3 Original Mylars Needed for Recording) *Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description YOU provide us will be used in all future documentation. If it is incorrect, it may invalidate the results of any hearing(s)- Page 2 of 6 Revised March 2, 2018 _ A1 r i E c�cut F>;rloN wor�KSHrEr SITE DIEVELOPMENT PLANS — Planning Division Application Type�— Supplemental Application Package No.: t` (Please provide separate fee cllculation worksheet for each application type) f �7 ensE REVIEW rEF_: $ (A) CONCURREeNCY FI-E: $ ERD RFVIEW FFIE: $ --- --- ----------- --- (G (ljclQnrFlg&Development selvicl s LIrILITIF ; $---__.-_--__ _.- 0 0 t z: 8 PER AGREAGE CHARGE: $ RESUBMdT1"At. FEE. (if applicable) $ _--_.______ (E) RECEIVED OTHER -------- ------ .---------------- ---- $.-. -- — SUBTOTAL. OF BASIC FEES: $ PRE -APPLICATION MEETING FEE: (F) $(_ _____. J deduction Receipt No. of Payment: [)ate of Pre Apt): BALANCE OF FEES DUE: $ SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-041; amending Chapter 5.11.01 of the St_ Lucie County Land Development Code t5 $950.00 -.Methodology Meeting (H)(If Applicable) Additional fees will be due if a 3" party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3r6 party. Please noteFor all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Rotor to "Public Procedures'. Other fees may be applicable by other external reviewing agencies; i.e. Fire Di, n t and proof of payment will be required prior to project approval. Pre -Application Meeting Relurt �a r` _ Na me (Printed) 1r,dr R Vlf-WEER SIGNAIU(2�C� ---------- VERIFIED File It: Y - SIGNM UKL - ioQO4s,39q Page 2 of G Revised M.+rch 75, 2016 (f or office use ony1 DATE DATE fr: i07Sb' of r Prct_Information ...... ._. /Siteaddirss-_ Parcel ID Nwnber(s): ).egal Description: (Attach additional sheets if necessary-- also must be provided in M5 Word format on CD) - -- -- - ��L e"C�-il t��e�.C�Y'�"`) l t?i��.-�<�i'G:�.� (i,�c'_ ��r��_ ��•:e� Property location -- Section/Township/Range: _— i� f 34 % Pioperiy sire acres:__F� Square footage j '� _-Y7 C7 �) , C .� I inure Land Use Designation, Zoning UislricL_—__ , Description of project: (Attach additional sheets if necessary) f ype of construction (check all applicable boxes): r ❑ Commercial Total Square Footage: Existing 1-1 Industrial I"otal Square Footage: LAstin XResidential No. of residential units: Existing No. of subdivided lots: Existing CI Other Please specify: Number and size of out parcels (if applicable): Page h of 6 Revised March 15. 2016 Proposed: Planning Hevelopmetl-r Servicos 0Cj 0:. �� iVED Proposed: _ Proposed:_—_L- ....-.__---_-- V -k SPECIAL NO-TICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must he met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS A{lhcv_4t InformaUon�hro}�cr� Peypjgperja 43usincss Name: Name I r\tc«r jt t Addres, (Please use an address that can accept overnight packages) Phone I-ax: _ Email zw. Please note: both Accent Information: business Name: Name: _ Address: (Please use an address that can accept overnight Phone: Fax: Lmai1: and argent will receive all official packages) on this Property Owner Information <Tllhis application and any application supplement will not be considered complete without the notarized Signature of aproperty owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner. \.NNc r� �1 i s t\.ct l Property Owner Siynahne P epaity t nnr c ne hinted) Mailing Address: e6 Phone: t If more t Ian one owner, please submit additional t-V 1 Y jP---�.------- pages f«'}rtc1y STATE OF . } � c>r v cl a- COUNTY OF 'X. C The foregoing instrument was acknowledged before mr, this day of Dc}o\ e r20 Nl 1 41 G t n_ C ko S"A �1 K._ who is personally known to me or who has produced as identification. - C in7111� ` OU(I r\C7 JC \- . Type er Pnnl Nflrce nt Nalary I _i (r <t 5y Wage � of 6 Revised March ill), 2016 Commission Number (Seal) !Tanning & Development Services Or"! 0;,Zi118 ASHLLYH. GOOONOUGti Caomisslon k GG 174954 v} ExpMINloyeml 2019 �Q 22, RECEIVED Required Document Narning List All electronically submitted documents must be formatted and named according to the list below. If your Submittal includes a document not on the list, the document name shall clearly reflect the content of the submitted document. Document Document Format Requned Name on CD Aerial Photograph PDF Aeral. df Application PDF Application pdf Approval Order PDF Ap�rovalOrderpdf - - -HEt Architectural Elevations -- PDF Arch Elev.pdf Boundary/ Topographic Survey _ PDF BoundaryTopo dff _ Drainaae / Stormwater Plan Easements PDF PDF Drain gePln pdf Easen-enls.pdf Environmental Impact Report_ PDF or Word EIRR f or EIR doc Existing Condition Plan PDF ExistingCond pdf Flood Plain PDF or Word Flood pdf or Flood Doc Landscape an PDF Landscapepdf Legal Description- Word Legal doc _— ing Plan P Lightmg.Pdf �-- Plan --PIN— r PDF Mitigatiorl.Pdf Mobile Home Plans_ PDF or Word MobileHoine pdf or MobileHome doc Paving Plan PDF Paving pdf_ Permit (External) PDF Permit pdf Plat PDF Plat pdf or Plat doc - Pro ertDeed Plan JD-eed.pclf PDFSite PDFSdePlan.pdf Traffic Impact Report PDF or Word TIR,pdf or TIR.doc Tree Survey } PDF Tree�df _ Turtle Protection Utility Plan PDF or Word PDF Turtle.pdf or Turtle.doc Utiluty.pdf Vegetation Removal Application PDF Vegetation pdf _ Planning 0evelopmont Services [!(.I Ct M8 RECEIVED Page 6 of 6 Revised March 2, 2018 e EXHIBIT "A" Leeal Descriptions Parcel I: The South 1000 feet of that part of Government Lot 3, Section 11, Township 34 South, Range 40 East as measured along the East right of way of State Road A -I -A and lying East of said right of way; Together with all that property lying South of a line running from East to West from the Atlantic Ocean to the Indian River 3828.75 feet South of and parallel to the North line of Sections 9, 10 and 11, Township 34 South, Range 40 East, and lying West of the right of way of State Road A- l-A, less the following described parcel: Parcel No. 1: Beginning at a point on the South line of Section 11, Township 34 South, Range 40 East said point being 262 feet West of the intersection of the West right of way of State Road A -I -A and the South line of Said Section 11; thence run North at a right angle to the said South line a distance of207 feet; thence run West and parallel to the said South line a distance of 432 feet; thence run South to a point on the said South line of Section 11; thence run East along the South line of Section 11 a distance of 432 feet to the point of beginning. Parcel 11: Comtnence at the intersection of a line lying 3220 feet South of and parallel with the North line of Section 11, Township 34 South, Range 40 East, St. Lucie County, Florida, with the East right of way line of State Road A-1-A; thence tun Southeasterly along the East right of way line of State Road A-1-A a distance of 273.43 feet to a point; thence continue Southeasterly along the East right of way line of State Road A -I -A, with a bearing of 814°53'23"E a distance of 853.13 feet to an intersection with a line lying parallel with the South line of said Section I 1 and 1000 feet North of the South line of Said Section 11, said 1000 feet being as measured along the East right of way line of State Road A-] -A; thence run N89° 18'37"E parallel with the South line of Said Section 11, a distance of44.15 feet to the Point of Beginning; from said Point of Beginning continue S89°I8'37"W 178.15 feet, more or less, to the Mean High Water Line of the Atlantic Ocean; thence run N 17010'2l "W along said Mean High Water Line 44.65 feet, more or less, to a point; thence run S74°48' 19"W 170.93 feet to the Point of Beginning. Parcel Ill: That part of the North 550 feet lying West of the Easterly Meandering High Water Line of Blue Hole Creek of Section 15, Township 34, Range 40, St. Lucie County, Florida consisting of approximately 30.00 acres. Parcel IV: The South 'iz of Section 10, Township 34 South, Range 40 East lying Westerly of the Mean High Water Line of Blue Hole Creek/Cove less and except any lands tying below the Meanhigh Water Line of Blue Hole Creek, Blue Hole Cove, the Indian River or any of its tributaries. All of which is located in St. Lucie County, Florida. OCEAN RESORTS CO-OP, INC. A COOPERATIVE RESIDENTIAL PARK WITH RECREACTIONAL VEHICLE UNITS AMENDED AND RESTATED OWNERS'S PROPRIETARY LEASE, NUMBER 343 BY THIS LEASE made on the .P.3 day of __� 2014 , OCEAN RESORTS CO-OP, INC., a Florida Corporation under Chapter 607 of e Florida Statutes with offices at 5101 North Highway AIA, Fort Pierce, Florida, 34949, hereinafter called Lessor and Michael A. Che_ sanek_and Karen L. Chesanek, husband and wife _ hereinafter referred to as Lessee, agree as follows: 1. PROPERTY AND TERM: Lessor leases to Lessee Unit No. 343 in OCEAN RESORTS CO-OP, INC., a Cooperative Residential Park with Recreational Vehicle Units, located upon property in St. Lucie County, Florida, more properly described in Exhibit "A" attached hereto and made a part hereof for a term beginning on the 15th day of July , 2014 , and ending the 14th day of July , 2015 . Upon the termination of any renewal term, this Lease shall be automatically renewed so long as the Lessee is not in default under any of the terms and conditions of the Proprietary Lease, the Articles of Incorporation and the By -Laws of OCEAN RESORTS CO-OP, INC. Lessee holds a 1/400th ownership in Lessor, and this Lease is appurtenant to such ownership. 2. ANNUAL ASSESSMENTS: Lessee shall be responsible for the payment of assessments for the upkeep and maintenance of the Association property including maintenance and management costs. The Board of Directors of the Lessor from time to time shall fix the sum of money needed for the operation of the Lessor Association. It shall determine the amount required for operating items such as maintenance, taxes, insurance, repairs, betterments, utilities, management, reserves and other sums necessary to the upkeep, operation or maintenance of the Lessor's property. Assessments will be made against the unit on the basis of the proportionate share of common expenses allocated to the unit which will be 1/400th of the annual budget. Although amounts required to be funded by assessment will be determined on a yearly basis, the actual assessment for the unit will be made quarterly, covering the next succeeding unpaid three months. The amount determined shall be due and payable in advance on the first day of each quarter. Lessee shall also pay promptly when due such additional assessments as may be provided for herein. The Board of Directors of the Lessor Association is empowered to set up operating funds that may be replenished from time to time as needed. Special assessments as required shall be paid and levied in the same manner as regular assessments. The Lessee shall pay all assessments against their individual unit promptly when due, but no Lessee shall be personally liable for Association debts. L All costs, attorney's fees and expenses incurred by Lessor in connection with items indemnified against. Lessee shall provide, at its expense, an attorney satisfactory to Lessor to defend any legal action or proceeding resulting from a claim or demand indemnified against. Dated this .` 3 day of 2014 \ Witnesses as to Lessor: Print Name /7 4 41A Pnnl Namc Vyo �1`P��,�r �'r�, ATTEST: sy:�rca� ,I Print Namc 0/14(�) I a t'VO t�OI-C S Secretary Witnesses as to Lessee/Owner: 11 two t 1: Print N.._ `l�I Witnesses as to lessee/Owner: Prim Nam LESSOR: OCEAN RESORTS CO-OP, INC. t By: I J Prim --� President nit .n (Corp*ate-Seal) LESSEE/OWNER: �A- A Q (Seal) Michael A. Chesanek LESSEE/OWNER: I YJ ax, (Seal) Karen L. Chesanek This Lease replaces the original Lease signed onik_ ,NS1 where applicable. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT — SAINT LUCIE COUNTY FILE k 3855929 OR HOOK 3539 PAGE 1431, Recorded 07/115/2013 at 03:27 PM Doc Tax: $0.70 This in# usual prepared by and after occurring return to: Patrick A. Raley, (squire Inientina and Berman Post Omcc Drawer 30 Wimcr Pu k. Florida 32790 Parcel I.D. No. 141050203430009 t lS (ottltrilt m fleeb exec rued this _Udg), c fdufv, 2013, between DONNA L. PEZZUTO, a married woman, gfOle Countyof Davidson, State Qf Tennessee, grantor, urtd M IC I IALL A. CI IESANEK, grantee. whose address is 1450 Old Mims Road. Geneva, Florida 32732_ INlmenvea u¢J ne[e L,, [Ln team. •rlru[ yet cy .. •gre,rtee• aMir ncl.ae einguler an,f pluret, 'mi ' legal e.pran.nrae++ee, saw aae+y�e e+ +mt„+a.ata, a..a ene s.e<¢.aeze and ecmgnc or ce[porauone, wherever the concezt eo tlMiLC 0[ e¢4ui [er.I PfrteSSe14+ /teat the grantor, for and in consideration of the smn of lien Dollars (S 10.0t1), and other good and valuable consideration in hand paid by the grantee, the receipt whereof is hereby ackrmwledged, does hereby remise, release, and quitclaim mrto the said grantee forever, all the right, title, and interest, ctutin and demand which the said grantor has in and to the following described tangs situate, !Ping and being in the Cuuniv of St Lucie, State of Florida, to wir Proprietary lease in Campsite No. 343, OC'LAN RESORTS COOPERATIVE, a Cooperative Campground, according to Exhibit "F," being the master Owners Noprietary Lease recorded on March 18, 1992, in O. R. Book 780, page 2445, public records of St. Lucie County, Florida, and being a portion of the following described property: The South 1000 feet of that part of Government Lot 3, Section 11, Township 34 South, Range 40 East as measured along the East right of way of State Read A -I -A and lying East of said right of way: Together with all that property lying South of a line running from Bast to West from the Atlantic Ocean to the Indian River 3 928.7 5 feel South of and parallel to the North line of Sections 9, 10 and 11, Township 34 South, Range 40 Fait, and lying West of the right of way of State Road A.I-A, less the following described parcel. Parcel No. L Beginning at a point on the South line of Section 11, "Township 34 South, Range 40 East, said point being 262 feet West of the intersection of the West right of way at Stair Road A -I -A and the South line of said Section 11; thence rum North ma right angle to the said South line a distance of 207 feet; thence run West and parallel to the said South line a distance ul'432 R•ct; thence run South to a point on the said South line of Section 11; thence run Fast along the South line of Section 11 a distance of 432 feet to the point of beginning, Together with Jacobsen Mobile Home, Signature Model, serial no. M 464, at 808 Osprey Court, Ft. Pierce, FL 34949. to �96e Anb fe A011i the same, lagether with all and singular the appurtenances therearto belonging or in anywise appertaining, and all the estate, right, title. interest, lien, equity andclarm whatsoever at"the said grantors, either in law or in equity, to the only proper use, benefit, and behoofgf1he said grantee forever. OF. BOOK 3539 PAGE 1432 tin Xitness Ahrrenf, the grantor hw caused these presents to he executed the day and yearJirst shove written. Signed, sealed and delivered in the presence of. N1 L k1pe Goa f1 Printed ame: Prints' -[ Gxcwq� STATE OF TENNESSEE COUNTY OF DAVIDSON DONNA L. PE2.LLI^TO � 0,01144 G. Ye�aµTQ BEFORE NIL, an officer duly authorized In the hate afnreaald and in the count)aforcwld to hake acknowledgments, personstly appeared DONNA L. PEEL UIO, Io one penoonllg known `..h In produced as Identlfiews" as the person(,) described in end tdna oxucWa7 the foregoing instnnnnn. and acknowlcdgal before it, that he c%ecuted the sense - U TNESS my hand and ulocoil real in the county and nam lye alotesaid this y dar ol'Inly, 30I1. �'�sph&n0=&,, r/9/Z40i3 Nolary Public u 7.10.16. - Recreational Vehicle Parks. A. Generally. Unless otherwise noted, the following standards shall be applied to all Recreational Vehicle Parks within unincorporated St. Lucie County. B. Land Use Compatibility. No new Recreational Vehicle Park may be located in any Future Land Use District other than Commercial (COM), or as permitted in the Mixed Use (MXD) Designation. Unless otherwise addressed in this Code, any Recreational Vehicle Park located in any other Land Use Designation shall be considered a nonconforming use. C. Minimum Park Size. A Recreational Vehicle Park shall be permitted only on tracts on land consisting of a minimum of five (5) acres and having a minimum frontage of sixty (60) feet on a paved public road. D. Density. The maximum number of recreational vehicle lots shall not exceed fourteen (14) lots per gross acre. E. Lot Size Requirements. 1. The minimum dimensions for any Recreational Vehicle Park lot, in any lawfully licensed Recreational Vehicle Park existing on or before August 1, 1990, shall be thirty (30) feet wide by sixty (60) feet long. 2. The minimum dimensions for any Recreational Vehicle Park lot in any recreational vehicle park constructed after August 1, 1990, or any addition to any existing Recreational Vehicle Park made after August 1, 1990, shall be forty (40) feet wide, and seventy (70) feet long. F. Setbacks. 1. Figure 7-32 identifies the minimum building setbacks for all recreational vehicle lots existing on or before August 1, 1990. (see next page) 2. Figure 7-33 identifies the minimum building setbacks for all Recreational vehicle lots created after August 1, 1990. (see next page) F tart 3_' -.p taBuilding setbacks I''SE I A R 0 is"ev Jt S"Wi4 —r; cm Cc ra-jspec"= F c❑r. 33 rl�4ca Cui;dmg5etbaLks 1(RrE Vxi`i r ",c cst Ccrrt, ispec! I %!.ica;Lxt G. Maximum Lot Coverage. The maximum coverage in the Recreational Vehicle Park by accessory buildings, shall be no greater than twenty percent (20%) of the total acreage of the park. H. Parking Pads. Each lot shall provide a stabilized vehicular parking pad, measuring no less than ten (10) feet by twenty (20) feet long; the pad shall be composed of shell, marl, paving, or stone screenings. Exposed ground surfaces in every space not protected by the vehicular parking pad shall be protected with a vegetative growth such as ground cover or shrubbery that is capable of preventing soil erosion and the creation of dust. I. Off -Street Parking. Off-street parking shall be in accordance with Section 7.06.02(A)(4). Open Space Standards. At least twenty percent (20%) of the gross site area of the park shall be set aside and developed as open space, recreation space, and buffering between recreational spaces. Such areas may provide recreation opportunities such as marinas, swimming pools, swimming beaches, tennis courts, picnic areas, playgrounds, pedestrian and bicycle paths, and playing fields. Common open space shall be laid out in according to the following standards: 1. Open space shall not include streets, parking lots, lease or rental lots, buildings, public rights -of - way, or sites for water and sewer treatment plants. 2. Up to fifty percent (50%) of the required open space may be accounted for through any on -site stormwater retention areas. 3. Pedestrian and bicycle paths shall be at least six (6) feet in pavement width and shall, where practicable, form part of a system leading to principal destinations. 4. Open space used as buffer areas or left undeveloped shall retain, to the maximum extent practicable, native vegetation that is present on the site. K. Landscaping. Landscaping shall be in accordance with Section 7.09.00. L. Buffer. There shall be a landscaped buffer around all Recreational Vehicle Parks of at least twenty- five (25) feet in width. Landscaping in this area shall conform to the requirements of Section 7.09.00. M. Traffic Circulation. 1. All parks shall be provided with safe, convenient, paved vehicular access from a paved road to each lot. 2. All streets internal to the park shall have a minimum right-of-way of thirty (30) feet, and shall be paved to county specifications. 3. Park entrance paving shall be at least thirty-six (36) feet wide, and park rights -of -way shall be marked or signed. 4. No entrance or exit from a park shall be permitted through a residential district. N. Specific Accessory Uses. In addition to those generally permitted Accessory Uses found in Section 8.00.00, a Recreational Vehicle Park may also provide for the following: 1. One (1) permanent residence, intended for occupation by the manager of the park, and 2. In parks with one hundred (100) or more lots, a retail and personal service establishment, intended exclusively for the use of the occupants of the recreational vehicles and travel trailers, which is contained within an enclosed building and located so as not to attract vehicular traffic from outside the park. O. Requirement For Site Plan. All Recreational Vehicle Parks are required to undergo a Major Site Plan review unless otherwise required to complete Planned Development review process as a Development of Regional Impact Review process as described in Chapter 380.06, Florida Statutes. P. Requirement For Central Utilities. All Recreational Vehicle Parks shall be required to be served by centralized water and sewer services. 0. Permitted Specific Uses and Additions. Any Recreational Vehicle Park, occupying more than ten (10) acres, unless located on North or South Hutchinson Island where there shall be no minimum acreage requirement other than that set out in Section 7.10.15(C), is permitted to have installed, erected, constructed or otherwise placed on site Recreational Vehicles, Travel Trailers, Detached Single -Family Residences, Class A Mobile Homes and additions thereto, including wood decks, screen rooms, patios and like accessory facilities subject to the following requirements: a. 1. The following minimum yard requirements shall be maintained: in all recreational vehicle parks existing on or before August 1, 1990. (a) Front yard - ten (10) feet * (b) Side yard - eight (8) feet unobstructed on the left side and zero (0) feet on the right side when facing the lot from the center of the main street frontage. In the absence of recorded lot lines, a minimum eight (8) feet unobstructed between adjacent units shall be required. (c) Side yard corner - eight (8) foot left side and five (5) foot right side when facing the lot from the center of the main street frontage (includes all properties adjacent to public and private roadways). In the absence of recorded lot lines, a minimum eight (8) feet unobstructed between adjacent units and five (5) feet from any common use area shall be required. (d) Rear yard - five (5) feet. * Note: The front yard setback for special situation lots shall be five (5) feet. Special situation lots include those lots in which the longest property dimension is found along the street frontage. Common use areas shall refer to public and private roadways only. Lots adjacent to pedestrian access shall not be considered corner lots. For lots with double street frontage, the front yard shall be identified on the approved site plan of the particular Recreational Vehicle Park, which shall be kept on file with the Community Development Department. The front yard for a block of double frontage shall be consistent the length of that block. Double frontage lots are not eligible for special situation consideration or designation. Any deviation or change to the front yard designation that does not include the adjustment of the entire block shall only be approved by the Board of Adjustment in accordance with Section 10.01.00. 2. In all recreational vehicle parks created after August 1, 1990, including the expansion of any existing recreational vehicle park. (a) Front yard - twenty (20) feet (b) Side yard - ten (10) feet left side and zero (0) feet on the right side when facing the lot from the center of the main street frontage. In the absence of recorded lot lines, a minimum ten (10) feet unobstructed between adjacent units shall be required.; and (c) Side yard corner - ten (10) foot left side and eight (8) foot right side when facing the lot from center of the main street frontage (includes all properties adjacent to common use areas). In the absence of recorded lot lines, a minimum ten (10) feet unobstructed between adjacent units and eight (8) feet from any common use area shall be required. (d) Rear yard - ten (10) feet. No portion, other than a maximum twelve (12) inch unsupported roof overhang, including appendages to the roof, of the Recreational Vehicle, Travel Trailer, Detached Single -Family Residence, or addition, including but not limited to wooden decks, bay windows, tipouts or awnings, may encroach into any required setback or separation area. Steps or ramps for access purposes may be erected, but may not encroach into any required side setback. Steps or ramps may encroach into the front or rear setbacks, if necessary provided that the steps or ramps do not occupy more than ten percent (10%) of the required front or rear yard unless otherwise approved by the St. Lucie County Board of Adjustment in accordance with Section 10.01.00. Steps or ramps which encroach into front or rear setbacks may not have a landing with dimensions in excess of four (4) feet by four (4) feet where such landing encroaches into the required front or rear setback. b. The elevation of a wood deck shall not exceed the elevation of the floor of the recreational vehicle or travel trailer. The design of the wooden deck may include provision for use of the underlying space as a storage area. However, this space shall not be used for the storage of combustible materials nor for the storage or placement of flammable liquids, gases, or liquid or gas fuel -powered equipment. C. For the purpose of this section, the maximum height of any onsite construction or the installation of any Recreational Vehicles, Travel Trailer, Detached Single -Family Residence, Class A Mobile Home including additions thereto, shall not exceed twenty-two (22) feet above finished grade or minimum flood elevation, whichever is higher. The maximum height of any structure shall be determined at the highest point of the roof. In the case of multiple roof lines, the maximum height of any structure shall be determined at the highest point of the highest roof structure or system. To the extent that the method of determining maximum building height as described in this paragraph conflicts with any other provision of this Code, the terms of this paragraph shall apply. Figure 7-34 illustrates a typical wall section example that is to be used in determining the maximum height of all buildings. GJ Figure 7-34 ILLUSTRATIVE CROSS-SECTION _ not to scale—� Highest point or roof 64 Living Area First Habitable Floor r Optional Understory Parking Area 'eve v>3 vary w'.ta °a';tl o, Notwithstanding the other provisions of this Code, new construction or substantial improvement of any residential structure in any recreational vehicle park shall meet the following standards: 1. In those instances where the lowest structural member of the first habitable floor is located less than five (5) feet above finished grade, the outside perimeter walls may include solid wall construction from the finished grade to the top of the minimum base flood elevation. Any solid wall construction below the minimum base flood elevation shall fully conform to the applicable flood protection standards, as set forth in this code. 2. In those instances where the lowest structural member of the first habitable floor is located five (5) feet, or more, above finished grade, the outside perimeter walls may not include any solid foundation, perimeter or interior walls at, or below, the minimum base flood elevation for the area in which the new construction or improvement is taking place. Exterior or perimeter lattice works may be affixed to the outside walls below flood plain, provided that the lattice openings are a minimum of twelve (12) inches by twelve (12) inches wide with a maximum separation of four (4) inches. e. Repealed. (Ord. No. 12-003) f. All onsite construction must meet the applicable Flood Damage Prevention regulations, Section 6.05.00, and the Standard Building Code, Section 13.00.00, requirements of this Code. g. All new or replacement Recreational Vehicles, Travel Trailers, Single -Family Residences, Class A Mobile Home and additions thereto are required to have a permit from the Growth Management Director prior to any placement or construction activity commencing. h. Plans for Single -Family Residences, and additions including wood decks shall be submitted to the Growth Management Director for approval. Where required under Section 13.00.02(c)(3), all plans must carry the seal of a registered Florida architect or engineer and must be accompanied by an affidavit from the architect or engineer stating that the structure meets or exceeds Standard Building Code requirements. Preapproved Master Plans may be utilized. Construction of an enclosure around a propane gas tank or other combustible prohibited 2. An addition in existence on the effective date of this Code which does not meet the requirements established in this section shall be deemed a nonconforming structure and shall be subject to the provisions of Section 10.00.00. However, existing additions which pose a threat of imminent danger to the health, safety, or welfare of the general public as determined by the Fire Marshal pursuant to the Standard for Firesafety Criteria for Mobile Home Installations, Sites, and Communities, NFPA 501A-1982, as applicable, must be brought into compliance or removed. The decision of the Fire Marshal may be appealed to the Board of Construction and Appeal. (Ord. No. 12-003, Pt. H, 5-15-2012) ��MU�1N Sn o° , �QMjpN � Q m i n � ' m w O y 'I 3 = d� m oa 0 O� v "D cn v r 0 `. E CD CD _ 0 N z 1rt m V I 4 FJ 0 0 m cc 0 (D C/) m c CL m 0 -o O A -CD C `G C OC n T n C W =' cm c N C c W m coo 00 n A D N N 0 a 1 Q O_ p � �1 N C CD O7 O C a: a) p N a) 00 p � � 0 d _ 0 v 7 n CD n ��MUG!N co S d� d o �n CD 3 ^* o i W N ��ww N O •V 01 co CD M c't%N9+-➢t1ba'�'+i'v,v 'OMPLIANCE WITH POSTING OF NOTICE REQUIREMENTS - SIGN AFFIDAVIT STATE OF FLORID -- COUNTY OF ST. LUCIE �_A C rL3 i �_ 4;cf tU �S__ being first duly swom deposes and states: i. I am the owner or the agent for the project known as Chesanek Variance for the following petition: File No. BA-1020186384 2. 1 hereby certify that I have complied with the notice requirements set forth in Section 11.00.031 the St. Lucie County Land Development Code for the Board of Adjustment public hearing to be conducted by Wednesday, January 23, 2019 on the above -referenced petition. The required sign was printed and posted to the specifications listed on the Sign Content and Sign Requirements forms provided by the St Lucie County Planning and Development Services - Planning Division on or befor. Friday, January 11, 2019. The following required documentation is attached. A. Dated Photo submitted electronically (Grose up) / �` S. Dated Photo submitted electronically {Distant; r Further affiant sayeth not. � ! Signature of Affiant STATE OF FLORIDA COUNTY OF S�,minpL They} foregoing Iinstrtument was acknowledged before me this 1 day of r h6 h 20 I , by iti��GV1UL� Gh�'S�re Said person _ is personally known to me, ✓produced a driver's license issued by a state of the United States within the last five (5) years as identification, or _ produced other identification, to wit Notary Public, State of i 2- Typed or Printed Name of Notary Puree ee cro ✓ h e r5 Commission No.. My Commission expires: g4" DESIREEEWABETHCRo47HERS No:apPubf:.c-Y.ate o�Fbnd; Ccmmiuicn; GG 73li15 `.',Fc=r.-; �' My Cunm. ErpireS7 �c 5, 2021 1 N u.�q ili �e� m�� I ii. �� ..�,�� _r Treasure Coast Newspapers St. Lucie News -Tribune 1939 SE Federal Highway, Stuart, FL 34994 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared, Natalie Zollar, who on oath says that she is Classified Inside Sales Manager of the St. Lucie News -Tribune, a daily newspaper published at Fort Pierce in St. Lucie County. Florida: that the attached copy of advertisement was published in the St. Lucie News -Tribune in the following issues below. Affiant further says that the said St Lucie News -Tribune is a newspaper published in Fort Pierce, in said St. Lucie County, Florida, and that said newspaper has heretofore been continuously published in said St. Lucie County, Florida, daily and distributed in St. Lucie County, Florida, fora period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The St. Lucie News -Tribune has been entered as Periodical Matter at the Post Offices in Fort Pierce, St. Lucie County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. 438160- ST LUCIE COUNTY GROWTH MANAGE 2191303 CHESANEK VARIANCE Pub Dates January 11, 2019 Sworn to and subscribed before me this day of, January 11, 2019, by who is Natalie Zollir (X) personally known to me or l I who has produced Karol Kangas 1 Notary Public I AAROLEKAWAS 4se,'NNk ttcdFi,"9a c mrefooif 12%V M.!G,w'EpJd25N21 Br.NC�MhgMl'.e"t'.. AMx'IMin. asidentification. ST. LUCIE COUNTY BOARD OF if you haveany questionsor ADJUSTMENT require additional information PUBLIC HEARING AGENDA about this petition. Wednesday, January 23, 2019 The St. Lucie County Board NOTICE OF PROPOSED of Adjustment has the power to VARIANCE REQUEST to authorize variances from the dimensional requirements Notice is hereby given. in of the St. Lucie County Land accordance with Section Development Code, in onsor- 11.0Lan of the St. Lucie Co de dance with the Provisions of a Land Development Code Section County 00, of the St. and in accordance with the Lucie County Land Develop - Provisions of the St. Lucie ment Code. County Comprehensive Plan that the following applicant The proceedings of the Board STATUTES, It a person decides to appeal any decision made A petition of by the Board of Adjustment sanek for a vari- with respect to any matter he provisions of considered at a meeting or .6 F. 1. - Setbacks hearing, he or she will need a Q.l.a.l. (b) & (d), record of the proceedings. For cie County Land such purpose, he or she may t Code, which need to ensure that a verbatim on or the testimony and evidence allow upon which the appeal is to of a be based. Upon the request of a 2b.r it. 0near may becontinued 1 ack; and time to a date-cerl ncroachment into d, 5ft., rear yard Anyone with a a 30 ft. wide sec- requiring accon The respective setback devia- ty Risk Manager at least Por- tions proposed for the follow- Keight (48) hours prior to ing described property: the meeting at (772) 462-1546 or T.D.D. (772) 462-1428. Any LOCATION: questions about this agenda 808 Osprey Court, Fort Pierce, may be referred to St. Lucie FL.34949 County Planning Division at 772/462-2822. PARCEL I.D.:1410-502-0343- 000-9 BOARD OF ADJUSTMENT FILE NUMBER: ST. LUCIE COUNTY, FLORIDA BA-1020185384 /S/ ROBERT LOWE, CHAIRMAN PUB, January 11, 2019 The PUBLIC HEARING on this TCN2191303 item will be held before the St. Lucie County Board of Adjust- ment on Wednesday, January 23, 2019 beginning at 9:30 am or as soon thereafter as possi- ble in the Commission Cham- ucie County uildinq, 2300 Fort Pierce.) All Interested persons will be given an opportunity to be heard. Written comments ments prior to the scheduled hear - in i. The petition file is avail- able for review at the Planning and Development Services Department- Planning offices located at 2300 Virginia Ave - tress hours. Pie 462-2822 or TDD `Y�s= t h, �; �,�, k�, yrt•{, �`r�qr` �. '�' "gyp s. WA as `i�r=� m''+;13 'v r, ,3,� x s r � � � �"t �v �•� ,J� `�! Nanning & Development Service Department 772.462.2822 BOARD OF ADJUSTMENT - Public Hearing Date: PUBLIC HEARING NOTICE January 23, 2019 January 23, 2019 Time: Notice of Proposed Variance Request 9:30 AM 808 Osprey Court, Fort Pierce, FL File Number: BA1020185384 <<CuOlPirstName» <<CuO I LastName» <<CuOStreetl» «CUOStreet2» <<CuOCity», <<CuOStateu <<CUOPostab ) Location of Hearing: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue Ft Pierce, Florida 34982 Applicant Michael A Chesanek 1450 Old Mims Rd Geneva, FL 32732 Property Location 808 Osprey Court, Fort Pierce, FL, (Site #343 within the Ocean Resort Cooperative RV Park) Zonin HIRD, Hutchinson Island Resi- dential District Future Land Use RH, Residential High (15 du/ acre) Staff Recommendation Denial o n.....x Location v.n.... BA-1020185384 Chesanek Variance owners mahout * ouoe3scw.a * 4 * 'WE(FGGt ** ** •• • :soon ame, ®subject Prt ery o zso mo .®e O Pe,ceb wiNin SOnfl Nolificetcn Area Fe.t You are receiving this notice because you are an owner of property located within 500 feet of the proposed petition. Public Hearing Description A petition of Michael Chesanek for a vari- ance from the provisions of Sections 7.10.16 F. 1. — Setbacks and 7.10.16 Q.1.a.1. (b) & (d), of the St. Lucie County Land Development Code, which provide minimum building setbacks for all recrea- tional vehicle lots existing on or before August 1, 1990, to allow construction/ retention of a raised wood deck, acces- sory to a mobile home, within the re- quired side and rear yards. The subject site is located at 808 Osprey Court, Fort Pierce, FL, and known as Site #343 within the Ocean Resort Coop- erative RV Park, and is situated within the HIRD, Hutchinson Island Residential Zoning District and RH, Residential High (15 du/1 acre) future land use category. The St. Lucie County Board of Adjustment has the power to authorize variances as per requirements of the St. Lucie County LDC. All interested persons will be given an opportunity to be heard. Written com- ments received in advance of the public hearing will also be considered. Written comments to the Board of Adjustment should be received by the Planning and Development Services (PDS) Department - Planning Division at least three (3) days prior to the scheduled hearing. Further details are available in the PDS Department, Planning Division. Please contact: Kori Benton, Senior Planner Telephone: 772-462-2518 (direct) Email: BentonK@stlucieco.org Anyone with a disability requiring accom- modations to attend this meeting may con- tact the St. Lucie County Community Risk Manager in advance @ 772-462-1546 or TDD 772-462-1428. Date of Mailing: 1/9/2019 ST. LUCIE COUNTY VARIANCE RESPONSE FORM S&T.#LOW4011E�� COUNTY F : O R I 0 A Please Return To: St. Lucie County Planning and Development Services — Planning Division Attn: Kori Benton 2300 Virginia Avenue Ft. Pierce, Florida 34982 Email: BentonK@stlucieco.org Fax # 772-462-1581 PROPOSED REQUESTED VARIANCE: A petition of Michael Chesanek for a variance from the provisions of Sections 7.10.16 F. 1. — Setbacks and 7.10.16 Q.1.a.1. (b) & (d), of the St. Lucie County Land Development Code, which provide minimum build- ing setbacks for all recreational vehicle lots existing on or before August 1, 1990, to allow construction/ retention of a raised wood deck, accessory to a mobile home, within the required side and rear yards. The proposed encroachments are as follows: 1) An 8 ft. encroachment into the required, 8ft., side yard setback for an 11ft. linear section of deck; 2) A 4.65 ft. encroachment into the required, 8ft., side yard setback for a 26.7 ft. linear section of deck; and 3) A 5ft. encroachment into the required, 5ft., rear yard setback for a 30 ft. wide section of deck. REGARDING PROPERTY LOCATED AT: 808 Osprey Court, Fort Pierce, FL, also known as Co-op site #343, is located within the Ocean Resort Cooperative RV Park. If you wish to comment, please check only one of the three following statements and return no later than January 21, 2019. I AM IN FAVOR OF THE REQUESTED VARIANCE I AM NOT IN FAVOR OF THE REQUESTED VARIANCE. HAVE NO OPINION TO THE REQUESTED VARIANCE .................................... I certify that, as of the date shown below, I am a property owner within 500 feet of the requested variance. Name (Please Print): Address: Date: Signed: Please note that forms returned without a name and address will not be considered. Also note that all returned forms are a matter of public record and available for viewing upon request. 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N N O N W (O tD To: Plannino and Development, St. Lucie County, Re: Variance Application The purpose of this letter is to provide a brief summary of our situation with the acquisition of our property at 808 Osprey Court, Ft. Pierce, and our request to apply for a Variance related to the present deck plan that was built during the time that my mother owned the property. We had a meeting with the representatives at the St Lucie County Zoning Department after receiving a Notice requiring our prompt attention to my mother not having acquired a permit on for the deck that she had built years ago. We were told at this meeting that this notice is the result of ONE homeowner filing a complaint after attempting to build a similar structure this year and being declined. We were offered the option of applying for a Variance at that time. Our neighbors to the east and west of our property have similar decks to the one my mother built, and they have been in existence for a number of years. I feel that we are being singled out, I am unaware that these residents have been issued notices by the County as we have. Going back to the beginning, our parents purchased the property in 1981, becoming some of the first residents in the Co-op. They initially had a travel trailer on the lot, and later purchased a permanent structure. After purchasing the lot, my father, along with some of the neighbors, built the original deck, with verbal approval by the Park Manager, Norton Fields, who had been with the park for 28 years. (We actually have photographs of the deck being built in 1982 or so which we shared with the County officials during our meeting with them.) My wife and I and our young sons would on occasion take weekend trips to visit my parents, so we have watched the growth in the park. We would occasionally visit with other neighbors during those visits. After my father passed away, my mother sold their home in Ft. Lauderdale to move to the Co-op home as a permanent resident. She was fortunate to have many friends in the park, many of them are still living there. When Hurricane Francis hit in 2004, her home was destroyed, and she shopped for a new home to be built while renting a friend's home in the same cul-de-sac. The new home was built with the new elevation heights flooding requirement. When finally the new home was set in place, the new deck replaced the existing deck to the higher elevation in a manner to fit the new unit and in a way to be considered safe for an 84 year woman entering and exiting the front door. We assisted her in the move from Ft. Lauderdale to Hutchinson Island. Sadly, after only approximately 6 months from her move into the new unit, my mother became ill, and was admitted to hospitals and nursing/rehab centers for the duration of her life. The home become the property of my sister and myself. Since my sister lived out of state, my wife and I purchased her half for our use as well as our sons and their families. We have decided at this point financially, it is in our best interest to sell the property. Since my mother passed away, we have spent hundreds of hours as well as substantial financial investing, improving the property. The unit is one of the most attractive in the park, in our opinion, as well as many visitors walking down the street who have commented on the beauty of the property. Looking at other properties in the park, it is sad to see how many owners are non -compliant and do not seem to care about curb -appeal or what their neighbors have to look at driving down the streets. Parts of the park are a real eye -sore and do not help in the value of the other properties at all. Our unit is an asset to the park, financially and aesthetically, and contributes to higher property appraisals in the park, benefiting all residents. Property values in the Co-op are declining at a time that real estate is a booming market. It is for the reasons above that we have decided to apply for a Variance to have the deck accepted as is. This process will cost us approximately $2,000.00 however we feel this attempt to keep the deck as is, is importance since I feel my mother acted in accordance with advice and recommendations at the time. We appreciate your time and consideration in this matter. Sincerely, Michael Chesanek The following statements are in reference to the Variance Application Supplement questions. 1.The variance sought from the Land Development Code is 7-10-16 (Q - b and d). According to the report sent to me from Building and Code, my property does not meet the minimum required setbacks as provided in Section 7.10.16 of the Land Development Code. 2. The purpose of the proposed variance is to request review of the present deck built by my 84 year old mother who had mobility issues related to bilateral knee replacements in order to have safe access to her front door from her driveway. 3. Removing or changing the deck will present a financial hardship to me in addition to dramatically changing the ability to access the front door of the unit safely and will change the functionality of the deck. I am in the process of trying to sell the property as I can no longer afford the costs involved in ownership. 4. The deck configuration is not infringing on other property owners, in fact, there are a number of our neighbors with the same type deck. (photos enclosed). Included in this packet is a letter from the Co-op stating that we are not infringing on any home owners and that is is not a nuisance to Ocean Resorts nor is it breaking any By -Laws or Rules and Regulations regarding setbacks within Ocean Resorts Co -Op, Inc. 5. This variance is not injurious to other property owners as it it contained within this property and does not extend to other properties. The design of this deck is an asset to the appearance of the park, which is in dire need of some improvements. There are many Co -Op violations and "eye sores" within the park and the improvements that were made by my mother greatly enhanced the value of this property as well as the Co-op. 6. There is no influence on traffic or fire safety with the variance and as stated prior, the property values are improved by the deck configuration. The raised deck actually improves fire safety and accessibility to the exterior doors of the house 7. Approval of the Variance by the Board would be beneficial financially as well as functionally. The initiation of the investigation was triggered by one neighbor who attempted to build a similar deck and was denied. My mother's deck has been there for a number of years without another person complaining. I have only received compliments on how nice the property looks and adds value to the community from neighbors walking by. 8. In my opinion, the variance desired will not be opposed to the general spirit and intent of the LDC and the St. Lucie County Comprehensive Plan for these reasons: • It does not impair or injure other property • It does not affect congestion or increase danger of fire • It is not a hazard or endangerment to public safety • It does not diminish or impair property values, rather it enhances the value of the property and the Co-op. 9. The variance request is located within a Homeowners Association and the letter of approval is included in this packet. 10. The name of the Association is the Ocean Resorts Co-op, Inc. Homeowners Association. 11. Yes, there is a letter of approval from Ocean Resorts. a. Enclosed is a certified survey for the property. b. This property is not in an airport zone. c. Not applicable. d. I have reviewed LDC Section 10.01.00 including the questions to be answered and am prepared to answer these questions at the public hearing. Michael A. Chesanek Ocean Resorts Co-op, Inc. 5101 N Highway AIA Fort Pierce, FL 34949-8203 Gfl ic„ 7.2-164-»NO3 Fax 772 464.070f• E-r::,vl .i:-:a nrNson sfu ':omaA oun'. June 28, 2018 Re: Michael Chesanek 808 Osprey Court -Lot # 343 Fort Pierce, FI. 34949 To Whom It May Concern, I am writing this letter in regards to the variance that Michael Chesanek has applied for, for his current deck. The current deck located at 808 Osprey Court, Fort Pierce, Florida 34949 is not infringing on any home owners nor is it a nuisance to Ocean Resorts. The deck is not breaking any By -Laws or Rules and Regulations regarding setbacks within Ocean Resorts Co -Op, Inc. If I can be of any other help through this process, please feel free to reach out to me Thank You, 1-Q!K Donna Perez, CAM Ocean Resorts Manager 407-463-4059 Cell 407-349-3457 Fax/Landline I NDI AN RIVER LAGOON PREVIOUSLY FOUND DRILL HOLE NO ID. IN seawoll CENTER OF SEAWALL existing N N 88'56'23" E 30.84' capF .S SETBACKS: Jo FROM ROAD - 10.0 FEET 00 FROM LEFT - 8.0 FEET FROM RIGHT - 0.0 FEET z BETWEEN BUILDINGS 8.0 FEET m o I PREVIOUSLY FDPKT PREVIOUSLY NO ID. \ FDPKT NO ID.� Ing -- deck - existing concrete N existing � wood steps 01 O LOT . 344 O (recreational -P vehicle) m 8.WW1. noa LOT \ 343 z 3'x4' a/c slab REFERENCE LINE ONLY APPROXIMATE NORTHERLY BOUNDARY LINE OF "OCEAN RESORTS CO-OP" 88'54'09" E 30.03 FDPKT "CARTER ASSOC." - IN CENTER OF SEAWALL _existing concrete existing P(ame building e LOT 342 (occupied) I w O'MJq. maa existi g concrete ) N 89.17'35 E 180.00'(C) N 89'22'27" E FDRC 5/8" DIA._\ \ "7Ai QnTT" 30.03' 29.95' 30. 01 29.97' NORTH R.O.W. LINE OF 2'- S89'1T35"W S89.17'35"W T35'W S89.17'35"W OSPREY COURT wide_ o pave ert h mn is OSPREY FDPKT NO ID COURT `°n` slay :g FDPKT NO ID. go _ parking PREVIOUOSLY FDPKT ` SOUTH R.O.W. LINE OF "TRAV.PT. LB205" _ _ OSPREY COURT M. NAVD'88 \�EL.1.91' \ \ N 0\ �a vOn r O � m EU m) rn M)G/ do \➢ O O GO 0 �a y ➢A O m� O y \ O< LEGEND SRC SET 1/2" DIA X 18•L. REBAR / CAP E.O.P. EDGE OF PAVEMENT STAMPED "CARTER ASSOCIATES" 6 DIAMETER 0 TELEPHONE RISER W/ WTH coot. CONCRETE SANITARY MANHOLE sbl SETBACK LIMITS FOR STRUCTUREIS (P) PLAT DATA exist. struct. EXISTING STRUCTURE (0) OBSERVED DATA It. LEFT (C) CALCULATED DATA rt. RIGHT a/c AIR CONDITIONER T.S.M. TEMPORARY BENCHMARK �o FDRC FOUND REBAR AND CAP AS NOTED O SANITARY SEWER CLEAN OUT STAMPED AS NOTED Ifl ELECTRICAL METER FDPKT FOUND NAIL AND TAB WATER SERVICE STAMPED AS NOTED SPKT SET NAIL AND TAB STAMPED AS NOTED 3,09 3' wide x 25' long wood dock io aluminum fence of line 0.48' �� existing 1B80' 12,79' seawall r me lot line m \ J OX o 4n �v 3 0 { m C- Z Li a - 465' o O D y o - N oz existing 3'x4' a/c slab fi,oz` 2.7' 4.7' - 0.00' 8'x16' - - �, cone. slab a mN O parking m0 W lot line t - LEGAL DESCRIPTION: UPDATED SURVEY DATE SEPTEMBER 21, 2018. LOT LINES WERE ESTABLISHED BY THE USE BUILDING DE7AlL��. OF FOUND MONUMENTS AND STRUCTURE SETBACK GUIDELINES FURNISHED BY THE 2O' LOT 343 OF THE "OCEAN RESORTS CO-OP" DEVELOPMENT, LYING WITHIN PART OF SECTION "OCEAN RESORT CO-OP'" DEVELOPMENT AS PER OFFICIAL RECORDS BOOK 1787, PAGE SCALE, 1" Jz p ' 10 AND 11 1564 AND 1564-A, ST. LUCIE COUNTY, FLORIDA. CERTIFIED TO, OF TOWNSHIP 34 SOUTH, RANGE 40 EAST OF ST. LUCIE COUNTY, FLORIDA. 9. BEARINGS SHOWN HEREON ARE BASED UPON HAD 83/2007, FLORIDA EAST ZONE 901. MICHAEL CHESANEK AND KAREI3*F#ES/>VIJ F"I,Sx THE SOUTH LINE OF THE OVERALL "OCEAN RESORT CO-OP" PARK, BETWEEN y L� PARCEL IDENTIFICATION: 1410-502-0343-000-9 MONUMENTED CORNERS IS ASSUMED TO BEAR S 89'19'12" W. ALL OTHER BEARINGS ( r SHOWN HEREON ARE RELATIVE THERETO. MUNICIPAL ADDRESS: 808 OSPREY COURT, FT. PIERCE, FLORIDA 34949 10. THE EXPECTED USE OF THE LAND, AS CLASSIFIED BY THE MINIMUM TECHNICAL 0 STANDARDS (5J17 F.A.C.) IS SUBURBAN. THE MINIMUM RELATIVE ACCURACY FOR THIS y / SURVEYOR'S NOTES: TYPE OF BOUNDARY SURVEY IS 1 FOOT IN 7.500. THE MEASUREMENTS AND y '- - '+ i%-,$IGNIO CALCULATIONS OF THE CLOSED GEOMETRIC FIGURE WERE FOUND TO MEET OR EXCEED t' 0 [[[/ F��R��ANK CUC URESE, P.S.M E 6ATE 1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA THIS ACCURACY REQUIREMENT. tp �TL`OR REGISTRATION No. 4765-. LICENSED SURVEYOR AND MAPPER THIS DRAWING, SKETCH, PLAT OR MAP IS FOR 11. THIS SURVEY DOES NOT INTEND TO REFLECT OR DETERMINE OWNERSHIP. y CARTER ASSOCIATES, INC. L.B. 205-+ ... INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. 12. ORIGINAL BENCHMARK: COASTAL CONSTRUCTION CONTROL LINE 1988, ST. LUCIE COUNTY, a a 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED OR RESEARCHED BY THIS OFFICE FOR BOOK 26, PG. 26-A THROUGH 261, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. -0 �+ 0 RIGHTS -OF -WAY, EASEMENTS OF RECORD, RESERVATIONS, OWNERSHIP, ABANDONMENT'S, NAO 1927 FLORIDA EAST ZONE, ADJUSTED ORTHOMETRIC HEIGHT, MONUMENT: 94-77-A-35 ELEVATION 12.34 C.GGL. 1988 (NGVD'29) (SEPTEMBER 15, 1988), (-1.49') p-0� N �r CARTER ASSOCIATES, INC.� DEED RESTRICTIONS, ZONING REGULATIONS OR ADJOINING DEEDS. THIS SURVEY DOES NOT r INTEND TO DELINEATE LOCAL AREAS OF CONCERN OR ANY OTHER JURISDICTIONAL CONVERTED BY VERTCON METHOD EL. 10.85 NORTH AMERICAN VERTICAL DATUM 1988. �'N Ij U DETERMINATION. a w CONSULTING ENGINEERS AND LAND SURVEYORS 3. NO FOUNDATIONS OR UNDERGROUND INSTALLATIONS HAVE BEEN FIELD LOCATED PER THIS n gSECONDARY TEMPORARY BENCHMARK: TRAV. POINT NUMBER 28 (PROJECT 13-08E) a - SURVEY, UNLESS OTHERWISE NOTED. "P-K" NAIL/TAB AT CL OSPREY COURT (SEE PLAN), EL. 1.91 NORTH AMERICAN 3 U O is 1708 21ST STREET 772-562-4191 (TEL) 4. SUBJECT PROPERTY APPEARS TO LIE IN FLOOD ZONE 'AE' (EL. 4.0' NAVD'88) AS SHOWN VERTICAL DATUM 1988. 0 r H 0 VERO BEACH, FLORIDA 32960-3472 772-562-7180 (FAX) ON FLOOD INSURANCE RATE MAP (FIRM) NUMBER 12111CO08AL COMMUNITY ST. LUCIE Co COUNTY, COMMUNITY NUMBER 120285, PANEL 0087, SUFFIX J, AND FLOOD INSURANCE 0 ti1 d BOUNDARY &IMPROVEMENTS SURVEY RATE MAP (FIRM) NUMBER 12111C0o89J, COMMUNITY ST. LUCIE COUNTY, COMMUNITY -ap o- z n NUMBER 120205, PANEL 0089, SUFFIX J. MAP REVISED DATE FEBRUARV 16, 2012, MAP °' ITiy ,a:Eu'L i :-. `T _ o n+N-•-,�C- _o N �_ a " LOT 343 OF "OCEAN RESORTS CO-OP" INDEX DATE FEBRUARY 16, 2012. C 5. NO TITLE COMMITMENT OR ABSTRACT WAS FURNISHED TO THIS FIRM OR SURVEYOR. O�rtt_ ai' rn 6. THE GENERAL DESCRIPTION OF THE SUBJECT LOT SHOWN WAS DEVELOPED BY THE THE REQUEST THE '"' ad E� p 77/'+ d d ST. LUCIE COUNTY, FLORIDA PROFESSIONAL SURVEYOR AND MAPPER BY OF CLIENT. NO RECORD {{jj FURNISHED TO THIS SURVEYOR OR FIRM. DESCRIPTION OF THE UISJ OAB OCT,,>> ))'1 OC I V 3 LIJ1U N m 7. MUNICIPAL WATER AND SEWERLEGAL AVAILECT EAS �� m \ ry e MICHAEL AND KAREN CHESANEK 8. THE ORIGINAL SURVEY FIELD WORK WAS COMPLETED OCTOBER 09, 2007. LOT LINES WERE \ a\\� ESTABLISHED BY THE USE OF EXISTING SKETCHES AND STRUCTURE SETBACK GUIDELINES 0 15 30 rn E 00 cN \ FURNISHED BY THE "OCEAN RESORT CO-OP" DEVELOPMENT AS PER OFFICIAL RECORDS } SCALE: (i Inch = JO Feet) _'L, { O - O O ed DATE DWG BY APP'D BY H. SCALE V. SCALE PROJ. NO. SHEET 1 OF 1 BOOK 1787, PAGE 1564 AND 1564-A, ST. LUCIE COUNTY, FLORIDA. FINAL AS -BUILT gF. a 05639S-8 1"=30' N/A DWG# 18439-A1 LOCATION FIELD WORK COMPLETED AUGUST 16, 2010. THE FIELD WORK FOR THIS """" W N N N 10/30/07 DEC FSC 09-299S ,R-wax